Discussion of one who commits the prohibited acts in ihram while ignorant, forgetful, intentional, or coerced.
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The Shaykh : After this, we say: If a person commits a prohibited act in ihram and he does not know that it is prohibited, thinking that there is no harm in it, for example, if he covers his head because he thinks that if he fears the heat, it is permissible for him to cover his head, what is upon him?
The student: Nothing.
The Shaykh : We say: He owes nothing; he has no sin upon him and he owes no fidyah.
Likewise, if he forgets and covers his head or applies perfume while forgetful, he has no sin upon him and no kaffarah, by the saying of Allah the Exalted:[Al-Baqarah 2:286] Then Allah said: .
Now, if he does this intentionally but he is excused, such as a sick man who needs to wear a shirt and he wears it, what is upon him? We say: He has no sin upon him, but he owes the fidyah. The evidence for this is the saying of the Exalted regarding the head:[Al-Baqarah 2:196] And by this we know that the one who commits the prohibited acts is divided into three categories:
The first category: that he does them because he needs them. In this case, he has no sin upon him, but what is upon him?
The student: The kaffarah.
The Shaykh : The fidyah, or the kaffarah, but the fidyah is better because it is what Allah mentioned in the Qur'an:[Al-Baqarah 2:196].
The second category: that he does them while forgetful, ignorant, or coerced. In this case, nothing is upon him, no sin and no fidyah. However, when his excuse is removed, it is obligatory for him to abandon the prohibited act. For example, if he was forgetful, when he remembers, it is obligatory for him to abandon the prohibited act. If he was ignorant, when he learns, it is obligatory for him to abandon the prohibited act.
The third category: that he does them without need and without an excuse of ignorance, forgetfulness, or coercion. In this case, he is sinful and he owes the fidyah in cases where the fidyah is obligatory.
We will limit ourselves to this regarding the prohibited acts of ihram. Perhaps we will have a broader discussion, if Allah wills, in a lecture that will be held on the night of next Monday, which is the evening of Sunday, in the Great Mosque in Unaizah. And due to the tightness of time now, and because some of you may have questions, we will stop. And all praise is due to Allah, Lord of the worlds. May Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and his Companions, and those who follow them with excellence until the Day of Judgment. And the questions, even if they are from one person, are for everyone in reality. For this reason, we say: It is not permissible to have more than one question, nor to make a comment on the question.
The student: Nothing.
The Shaykh : We say: He owes nothing; he has no sin upon him and he owes no fidyah.
Likewise, if he forgets and covers his head or applies perfume while forgetful, he has no sin upon him and no kaffarah, by 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 أَخْطَأْنَاHe has done so
قد فعلتNow, if he does this intentionally but he is excused, such as a sick man who needs to wear a shirt and he wears it, what is upon him? We say: He has no sin upon him, but he owes the fidyah. The evidence for this is the saying of the Exalted regarding the head:
And do not shave your heads until the sacrificial animal has reached its place of slaughter. And whoever among you is ill or has an ailment of the head [making shaving necessary must offer] a ransom of fasting [three days] or charity or sacrifice.
وَلا تَحْلِقُوا رُؤُوسَكُمْ حَتَّى يَبْلُغَ الْهَدْيُ مَحِلَّهُ فَمَنْ كَانَ مِنْكُمْ مَرِيضاً أَوْ بِهِ أَذىً مِنْ رَأْسِهِ فَفِدْيَةٌ مِنْ صِيَامٍ أَوْ صَدَقَةٍ أَوْ نُسُكٍThe first category: that he does them because he needs them. In this case, he has no sin upon him, but what is upon him?
The student: The kaffarah.
The Shaykh : The fidyah, or the kaffarah, but the fidyah is better because it is what Allah mentioned in the Qur'an:
a ransom of fasting
ففدية من صيامThe second category: that he does them while forgetful, ignorant, or coerced. In this case, nothing is upon him, no sin and no fidyah. However, when his excuse is removed, it is obligatory for him to abandon the prohibited act. For example, if he was forgetful, when he remembers, it is obligatory for him to abandon the prohibited act. If he was ignorant, when he learns, it is obligatory for him to abandon the prohibited act.
The third category: that he does them without need and without an excuse of ignorance, forgetfulness, or coercion. In this case, he is sinful and he owes the fidyah in cases where the fidyah is obligatory.
We will limit ourselves to this regarding the prohibited acts of ihram. Perhaps we will have a broader discussion, if Allah wills, in a lecture that will be held on the night of next Monday, which is the evening of Sunday, in the Great Mosque in Unaizah. And due to the tightness of time now, and because some of you may have questions, we will stop. And all praise is due to Allah, Lord of the worlds. May Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and his Companions, and those who follow them with excellence until the Day of Judgment. And the questions, even if they are from one person, are for everyone in reality. For this reason, we say: It is not permissible to have more than one question, nor to make a comment on the question.