If one leaves 'Arafah before sunset out of ignorance, is an expiation required?
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The questioner : May Allah reward you. If a person leaves 'Arafah before sunset out of ignorance, O Shaykh, is an expiation obligatory?
The Shaykh : If he leaves out of ignorance, there is no sin on him, due to His saying:[Al-Baqarah 2:286] However, he must offer a substitute. According to the majority of scholars, this is to slaughter a fidyah (ransom payment) in Makkah and distribute it to the poor. Making the fidyah obligatory for leaving an obligatory act is not something that fully satisfies the mind, because its evidence is not clear. However, we adopt it and issue rulings based on it, saying, "This is what the scholars said," so that people do not play with obligatory acts. If you were to tell a person who left before sunset, who did not stay overnight at Muzdalifah, who did not stone the pillars, who did not stay overnight at Mina, and who did not perform the farewell tawaf, "You only need to seek forgiveness from Allah," what would he say? He would say, "Easy, I will fill the air with seeking forgiveness." But if you tell him, "You must offer five fidyahs," he will not return to being negligent about obligatory acts. We see that, if Allah wills, we are in a safe position as long as we oblige people with something that is not strictly obligatory on them, so that they do not play with them. As you know, this has principles that support it:
First, ta'zir (discretionary punishment) with money is a matter established by the Shari'ah.
Second: Obliging people with what they dislike in order to prevent harm is a matter established by the Sunnah of the Rightly Guided Caliph 'Umar (may Allah be pleased with him).
And third: In our current time, you find that if you tell people, "You must do such and such," they say, "Oh, oh, I don't have an expiation, I don't have a fidyah," meaning they will not care. Although the status of seeking forgiveness and repentance is very great. Who is the one who is granted a repentance that is accepted? I say, who is the one who is granted repentance? It is a rare thing. The matter is light.
The reader: The Shaykh al-Islam (may Allah have mercy on him) said in his book *Al-Iqtida'*: "And 'Ali ibn Abi Salih said".
The Shaykh : Do you mean *Al-Iqtida' al-Sirat al-Mustaqim*?
The student: Yes, in his book *Al-Iqtida' al-Sirat al-Mustaqim*.
The Shaykh : If he leaves out of ignorance, there is no sin on him, due to His saying:
Our Lord, do not impose blame upon us if we have forgotten or erred.
ربنا لا تؤاخذنا إن نسينا أو أخطأناFirst, ta'zir (discretionary punishment) with money is a matter established by the Shari'ah.
Second: Obliging people with what they dislike in order to prevent harm is a matter established by the Sunnah of the Rightly Guided Caliph 'Umar (may Allah be pleased with him).
And third: In our current time, you find that if you tell people, "You must do such and such," they say, "Oh, oh, I don't have an expiation, I don't have a fidyah," meaning they will not care. Although the status of seeking forgiveness and repentance is very great. Who is the one who is granted a repentance that is accepted? I say, who is the one who is granted repentance? It is a rare thing. The matter is light.
The reader: The Shaykh al-Islam (may Allah have mercy on him) said in his book *Al-Iqtida'*: "And 'Ali ibn Abi Salih said".
The Shaykh : Do you mean *Al-Iqtida' al-Sirat al-Mustaqim*?
The student: Yes, in his book *Al-Iqtida' al-Sirat al-Mustaqim*.