Discussion of the expiation and an explanation of its categories.
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The Shaykh : Once we have learned about these prohibitions, let us ask: Is there an expiation for them?
The answer is that these prohibitions are divided into four categories:
The first: that for which there is no expiation.
The second: that for which there is a severe expiation.
The third: that for which the expiation is the equivalent of what was done.
The fourth: that for which the expiation is a choice between fasting for three days, or feeding six poor people, with each poor person receiving half a sa' (a dry measure of about 3 kg), or slaughtering a sheep, giving it in charity, and not eating any of it.
As for the first, for which there is no expiation, it is the marriage contract. If a person in the state of ihram contracts a marriage, he owes no expiation, but the marriage is defective and must be renewed after he exits the state of ihram. This is because anything that the Shari'ah has prohibited is defective and not permissible to be considered valid. The same applies to the proposal of marriage; that is, if a man proposes to a woman while he is in the state of ihram, he owes no expiation, but he has committed a sin.
As for that for which there is a severe expiation, it is sexual intercourse during Hajj before the first exit from the state of ihram. Its expiation is a camel, which he must slaughter and distribute all of it to the poor. As for that for which the expiation is the equivalent of what was done, it is hunting, as Allah the Exalted said:[Al-Ma'idah 5:95].
As for that for which the expiation is a choice between fasting, charity, and slaughtering a sheep, it is the remainder of the prohibitions.
These four categories encompass the expiation. Let us count the four categories again:
First: Brother?
The questioner : Me?
The Shaykh : You, where are you? Daydreaming? Does anyone know? Please, go ahead.
The questioner : What is the one with the severe expiation?
The Shaykh : What is the one with the severe expiation?
The questioner : The one with the severe expiation is sexual intercourse.
The Shaykh : Sexual intercourse during Hajj before the first exit from the state of ihram. Good. And what is the one for which there is no expiation?
The questioner : The marriage contract.
The Shaykh : That is one. And the second? Good, continue? The marriage contract, and the second?
The questioner : What is it?
The Shaykh : The one for which there is no expiation.
The questioner : ...
The Shaykh : No, I forgot.
The questioner : The proposal of marriage.
The Shaykh : The proposal of marriage. Good. And what is the one whose penalty is the equivalent of what was done?
The questioner : Hunting.
The Shaykh : Hunting. And the remainder of the prohibitions, the expiation is a choice between what?
The questioner : Fasting.
The Shaykh : Fasting. Fasting for three days, or feeding six poor people, with each poor person receiving half a sa' (a dry measure of about 3 kg), or slaughtering a sheep, giving all of it in charity, and not eating any of it. The evidence for the last one is the saying of Allah the Exalted regarding shaving the head:[Al-Baqarah 2:196].
Then know that if a person commits these prohibitions, he is in one of three states:
Either he does it intentionally without an excuse.
Or he does it intentionally for an excuse.
Or he does it while ignorant, or forgetful, or under compulsion.
If he does it intentionally without an excuse, he has committed a sin and owes the expiation. An example of this is a man who shaves his head intentionally without an excuse. We say: He has committed a sin and owes the expiation, but his pilgrimage is not invalidated, because the pilgrimage is not invalidated except by sexual intercourse before the first exit from the state of ihram.
The second: that he does it intentionally for an excuse. In this case, he owes the expiation but has not committed a sin. This is what Ka'b ibn 'Ujrah (may Allah be pleased with him) did when Then he was informed of the expiation and ordered to pay it, because he did it intentionally for what?
For an excuse. Good.
Similarly, if a person is compelled to hunt, meaning he finds nothing to eat except by hunting, and he kills game and eats it, he owes its penalty but has not committed a sin.
The third: that he does it while ignorant, or forgetful, or under compulsion. In this case, he owes nothing, neither sin nor expiation, based on the saying of Allah the Exalted: ربّنا لا تؤاخذنا إن نسينا أو أخطأنا ، قال الله تعالى: قد فعلت Our Lord, do not hold us accountable if we forget or make a mistake. Allah the Exalted said: I have done so., and His saying:[An-Nahl 16:106]. If disbelief, which is the greatest of sins, has its ruling lifted in the case of compulsion, 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 (the lower garment and the upper garment) but forgets the trousers, meaning he forgets to take off his trousers and does not remember until during the rites, for example after he has performed the circumambulation, and he remembers and immediately takes off the clothing, meaning he takes off the trousers, does he owe anything?
The answer is: No. Why?
The questioner : He was forgetful.
The Shaykh : Because he was forgetful.
If a person steps on a hare and does not know about it until it dies, and he is in the state of ihram, he has not committed a sin and owes no penalty, because he was ignorant. If he hunts a hare thinking that a person in the state of ihram is not prohibited from hunting unless he enters the boundaries of the sacred precinct, he owes nothing, because he was ignorant. If a man compels his wife to have sexual intercourse with her while she is unwilling and unable to escape from him, she owes nothing, because she was under compulsion. So the rule for the one who commits the prohibitions is as follows:
First: what he did intentionally without an excuse. Its ruling is sin along with the expiation, except for that for which there is no expiation, such as the marriage contract. In that case, he owes no expiation, but he has committed a sin, and the marriage is not valid.
Second: what he did intentionally but for an excuse. He has not committed a sin, but he owes the expiation.
Third: what he did while forgetful, or ignorant, or under compulsion. He owes nothing, neither sin nor expiation. This is from the mercy of Allah the Exalted and His facilitation for His servants.
If someone asks: Is there an excuse if a person is on an airplane and his ihram clothes are in the luggage, and he is unable to put them on, and he enters the state of ihram while on the airplane, because it is not permissible to pass the miqat (the boundary at which ihram is entered) without being in the state of ihram, so he enters the state of ihram? Is it an excuse to remain in his clothes?
The answer is: No, it is not an excuse, because he can take off the shirt and wrap it around his body in a way that is not considered wearing it. As for the trousers, if he can cover himself with the ghutrah (head covering), he should cover himself with it and then take off the trousers. If he cannot, there is nothing wrong with him keeping the trousers on, but he owes no expiation, because the Prophet (peace and blessings be upon him) said:Sunan an-Nasa'i 5325Sahih (Darussalam) and did not make an expiation obligatory on him.
And unfortunately, this happens to many people. They are on the airplane and have intended to perform 'Umrah (the lesser pilgrimage), but their clothes are in the luggage in the hold of the plane, and they are unable to put them on. So they remain hesitant: should they enter the state of ihram while wearing their clothes, or should they not enter the state of ihram until they arrive at the airport, the plane lands, and they exit in the state of ihram?
The answer is that the solution to this problem is to take off the shirt and wrap it around his chest. As for the trousers, if he can cover himself with the ghutrah, that is what is required. If he cannot, because it is short and does not cover completely, let him keep his trousers on, and he owes nothing, because the Prophet (peace and blessings be upon him and his family) said:Sunan an-Nasa'i 5325Sahih (Darussalam). It is not permissible to delay entering the state of ihram until he descends to Jeddah. This issue is something you should strive to spread among the people, because it occurs frequently and is hidden from many people.
The answer is that these prohibitions are divided into four categories:
The first: that for which there is no expiation.
The second: that for which there is a severe expiation.
The third: that for which the expiation is the equivalent of what was done.
The fourth: that for which the expiation is a choice between fasting for three days, or feeding six poor people, with each poor person receiving half a sa' (a dry measure of about 3 kg), or slaughtering a sheep, giving it in charity, and not eating any of it.
As for the first, for which there is no expiation, it is the marriage contract. If a person in the state of ihram contracts a marriage, he owes no expiation, but the marriage is defective and must be renewed after he exits the state of ihram. This is because anything that the Shari'ah has prohibited is defective and not permissible to be considered valid. The same applies to the proposal of marriage; that is, if a man proposes to a woman while he is in the state of ihram, he owes no expiation, but he has committed a sin.
As for that for which there is a severe expiation, it is sexual intercourse during Hajj before the first exit from the state of ihram. Its expiation is a camel, which he must slaughter and distribute all of it to the poor. As for that for which the expiation is the equivalent of what was done, it is hunting, as Allah the Exalted said:
the penalty is an equivalent from sacrificial animals to what he killed
فجزاء مثل ما قتل من النّعمAs for that for which the expiation is a choice between fasting, charity, and slaughtering a sheep, it is the remainder of the prohibitions.
These four categories encompass the expiation. Let us count the four categories again:
First: Brother?
The questioner : Me?
The Shaykh : You, where are you? Daydreaming? Does anyone know? Please, go ahead.
The questioner : What is the one with the severe expiation?
The Shaykh : What is the one with the severe expiation?
The questioner : The one with the severe expiation is sexual intercourse.
The Shaykh : Sexual intercourse during Hajj before the first exit from the state of ihram. Good. And what is the one for which there is no expiation?
The questioner : The marriage contract.
The Shaykh : That is one. And the second? Good, continue? The marriage contract, and the second?
The questioner : What is it?
The Shaykh : The one for which there is no expiation.
The questioner : ...
The Shaykh : No, I forgot.
The questioner : The proposal of marriage.
The Shaykh : The proposal of marriage. Good. And what is the one whose penalty is the equivalent of what was done?
The questioner : Hunting.
The Shaykh : Hunting. And the remainder of the prohibitions, the expiation is a choice between what?
The questioner : Fasting.
The Shaykh : Fasting. Fasting for three days, or feeding six poor people, with each poor person receiving half a sa' (a dry measure of about 3 kg), or slaughtering a sheep, giving all of it in charity, and not eating any of it. The evidence for the last one is the saying of Allah the Exalted regarding shaving the head:
a ransom of fasting [three days] or charity or sacrifice
ففدية من صيام أو صدقة أو نسكThen know that if a person commits these prohibitions, he is in one of three states:
Either he does it intentionally without an excuse.
Or he does it intentionally for an excuse.
Or he does it while ignorant, or forgetful, or under compulsion.
If he does it intentionally without an excuse, he has committed a sin and owes the expiation. An example of this is a man who shaves his head intentionally without an excuse. We say: He has committed a sin and owes the expiation, but his pilgrimage is not invalidated, because the pilgrimage is not invalidated except by sexual intercourse before the first exit from the state of ihram.
The second: that he does it intentionally for an excuse. In this case, he owes the expiation but has not committed a sin. This is what Ka'b ibn 'Ujrah (may Allah be pleased with him) did when
The Prophet (peace and blessings be upon him) came to him while he was ill, and his head was full of lice, with lice falling from his head onto his face. The Prophet (peace and blessings be upon him and his family) said to him: I did not think the pain had reached you to the extent I see.
أتى النّبيّ صلّى الله عليه وسلّم وهو مريض ورأسه مملوء من القمل، يتناثر القمل من رأسه على وجهه، فقال له النّبيّ صلّى الله عليه وعلى آله وسلّم: ما كنت أظنّ أنّ الوجع بلغ بك ما أرىFor an excuse. Good.
Similarly, if a person is compelled to hunt, meaning he finds nothing to eat except by hunting, and he kills game and eats it, he owes its penalty but has not committed a sin.
The third: that he does it while ignorant, or forgetful, or under compulsion. In this case, he owes nothing, neither sin nor expiation, based on the saying of Allah the Exalted: ربّنا لا تؤاخذنا إن نسينا أو أخطأنا ، قال الله تعالى: قد فعلت Our Lord, do not hold us accountable if we forget or make a mistake. Allah the Exalted said: I have done so., and His saying:
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;
من كفر بالله من بعد إيمانه إلاّ من أكره وقلبه مطمئنّ بالإيمان ولكن من شرح بالكفر صدرا فعليهم غضب من الله ولهم عذاب عظيمThe answer is: No. Why?
The questioner : He was forgetful.
The Shaykh : Because he was forgetful.
If a person steps on a hare and does not know about it until it dies, and he is in the state of ihram, he has not committed a sin and owes no penalty, because he was ignorant. If he hunts a hare thinking that a person in the state of ihram is not prohibited from hunting unless he enters the boundaries of the sacred precinct, he owes nothing, because he was ignorant. If a man compels his wife to have sexual intercourse with her while she is unwilling and unable to escape from him, she owes nothing, because she was under compulsion. So the rule for the one who commits the prohibitions is as follows:
First: what he did intentionally without an excuse. Its ruling is sin along with the expiation, except for that for which there is no expiation, such as the marriage contract. In that case, he owes no expiation, but he has committed a sin, and the marriage is not valid.
Second: what he did intentionally but for an excuse. He has not committed a sin, but he owes the expiation.
Third: what he did while forgetful, or ignorant, or under compulsion. He owes nothing, neither sin nor expiation. This is from the mercy of Allah the Exalted and His facilitation for His servants.
If someone asks: Is there an excuse if a person is on an airplane and his ihram clothes are in the luggage, and he is unable to put them on, and he enters the state of ihram while on the airplane, because it is not permissible to pass the miqat (the boundary at which ihram is entered) without being in the state of ihram, so he enters the state of ihram? Is it an excuse to remain in his clothes?
The answer is: No, it is not an excuse, because he can take off the shirt and wrap it around his body in a way that is not considered wearing it. As for the trousers, if he can cover himself with the ghutrah (head covering), he should cover himself with it and then take off the trousers. If he cannot, there is nothing wrong with him keeping the trousers on, but he owes no expiation, because the Prophet (peace and blessings be upon him) said:
Whoever cannot find an Izar (waist wrapper), let him wear trousers
من لم يجد إزارًا فليلبس السّراويلAnd unfortunately, this happens to many people. They are on the airplane and have intended to perform 'Umrah (the lesser pilgrimage), but their clothes are in the luggage in the hold of the plane, and they are unable to put them on. So they remain hesitant: should they enter the state of ihram while wearing their clothes, or should they not enter the state of ihram until they arrive at the airport, the plane lands, and they exit in the state of ihram?
The answer is that the solution to this problem is to take off the shirt and wrap it around his chest. As for the trousers, if he can cover himself with the ghutrah, that is what is required. If he cannot, because it is short and does not cover completely, let him keep his trousers on, and he owes nothing, because the Prophet (peace and blessings be upon him and his family) said: