The remaining prohibitions: Why are they attached to shaving the head and not to the marriage contract?
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The Shaykh : Because Allah delegated the matter to them, saying: "Let two just men among you judge." So He delegated the matter to them, and whatever judgment they pass, it is obligatory to return to their judgment in it.
The questioner : ... ؟
The Shaykh : He asks, saying: Why do we attach the five [prohibitions] to shaving the head and not to the marriage contract? And another one asks: Why do we not attach the marriage contract to these five, because... the marriage contract exists?
In any case, this is the statement of the jurists (may Allah have mercy on them), and what the jurists said is what the majority hold. You know that the Messenger of Allah (peace and blessings be upon him) did not perform Hajj more than once after Hajj became obligatory. Therefore, you will find that the scholars' rulings are mostly analogies, some clear and some obscure. Sometimes it is an arbitrary decision by some jurists without evidence or based on an incorrect view. So if someone were to say: "I want to sit with the principle that the original state is the innocence of the soul until it is proven that there is a fidyah (ransom payment) in this, because Allah says: 'And We have sent down to you the Book as an explanation for everything.' If Allah says: This is forbidden, and He does not mention a fidyah in it, then it is forbidden and there is no fidyah in it. It is sufficient for the believer to be told: If you do such and such, you are sinful. But considering that the majority of scholars say this, and that imposing a fidyah on people is a matter of policy—the policy that prevents them from falling into the prohibited—because if you told a person who wore a shirt, trousers, a turban, and shoes: 'There is nothing on you for this except that you seek forgiveness from Allah,' he would say: Just that! And this is what they always say when asked. We say: You must repent. He says: Just repentance? And repentance is easy. But the matter does not last. He says: If you wish, I will fill Mina and 'Arafah with seeking forgiveness and repentance, but I will not pay a single qirsh! For the sake of the policy of creating people to reform them, we say: The scholars said such and such, and we issue fatwas to them... Listen, Ya Saleh.
The questioner : In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and I send prayers and peace upon the noblest of the prophets and messengers, our Prophet Muhammad, and upon his family and all his Companions. The author (may Allah have mercy on him) said: "As for the blood of Tamattu' and Qiran, it is obligatory to offer a sacrificial animal. If it is not available, then fasting for three days, and it is better that the last of them be the Day of 'Arafah, and seven days when he returns to his family. And the one who is prevented from completing Hajj, if he does not find a sacrificial animal, fasts for ten days and then exits the state of Ihram."
The Shaykh : Ten days.
The questioner :"Ten days, then he exits the state of Ihram. And it is obligatory to have intercourse in the private parts during Hajj: a camel or cow for Hajj, and a sheep for 'Umrah. And if his wife consents, it is obligatory for her."
The questioner : ... ؟
The Shaykh : He asks, saying: Why do we attach the five [prohibitions] to shaving the head and not to the marriage contract? And another one asks: Why do we not attach the marriage contract to these five, because... the marriage contract exists?
In any case, this is the statement of the jurists (may Allah have mercy on them), and what the jurists said is what the majority hold. You know that the Messenger of Allah (peace and blessings be upon him) did not perform Hajj more than once after Hajj became obligatory. Therefore, you will find that the scholars' rulings are mostly analogies, some clear and some obscure. Sometimes it is an arbitrary decision by some jurists without evidence or based on an incorrect view. So if someone were to say: "I want to sit with the principle that the original state is the innocence of the soul until it is proven that there is a fidyah (ransom payment) in this, because Allah says: 'And We have sent down to you the Book as an explanation for everything.' If Allah says: This is forbidden, and He does not mention a fidyah in it, then it is forbidden and there is no fidyah in it. It is sufficient for the believer to be told: If you do such and such, you are sinful. But considering that the majority of scholars say this, and that imposing a fidyah on people is a matter of policy—the policy that prevents them from falling into the prohibited—because if you told a person who wore a shirt, trousers, a turban, and shoes: 'There is nothing on you for this except that you seek forgiveness from Allah,' he would say: Just that! And this is what they always say when asked. We say: You must repent. He says: Just repentance? And repentance is easy. But the matter does not last. He says: If you wish, I will fill Mina and 'Arafah with seeking forgiveness and repentance, but I will not pay a single qirsh! For the sake of the policy of creating people to reform them, we say: The scholars said such and such, and we issue fatwas to them... Listen, Ya Saleh.
The questioner : In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and I send prayers and peace upon the noblest of the prophets and messengers, our Prophet Muhammad, and upon his family and all his Companions. The author (may Allah have mercy on him) said: "As for the blood of Tamattu' and Qiran, it is obligatory to offer a sacrificial animal. If it is not available, then fasting for three days, and it is better that the last of them be the Day of 'Arafah, and seven days when he returns to his family. And the one who is prevented from completing Hajj, if he does not find a sacrificial animal, fasts for ten days and then exits the state of Ihram."
The Shaykh : Ten days.
The questioner :"Ten days, then he exits the state of Ihram. And it is obligatory to have intercourse in the private parts during Hajj: a camel or cow for Hajj, and a sheep for 'Umrah. And if his wife consents, it is obligatory for her."