Penalties in Hajj

http://islamqa.org/hanafi/daruliftaa/8389

A few years ago I performed Haj. On the second night of tashreeq we finished our tawaf al ziyarat very late, and stayed in Makkah, rather than attempting to return to Mina. It was midnight, and we had spent approximately 6-7 hours trying to do the tawaf and sa’i. At the time I asked a mutfi, what the status was. He said we had left the Sunnah by staying in Makkah, but that no dam [penalty sacrifice] was liable. Others have told me that if you do not stay in Mina these nights there is no harm if you are in the Haram, and the hotel we were in was in area that maybe part of the Haram, as the jamat of the salah used to go way further than our hotel.

Recently, someone who follows Hanbali fiqh has put doubt in my mind as to whether I should have done a penalty sacrifice or not for not being in Mina on the second night [i.e. 11th of Zul Hijjah].

Q1: Should I give a penalty for this?

Q2: Am I correct in thinking that this has to be given in Makkah or Mina if it needs giving now?

ANSWER

In the name of Allah, Most Compassionate, Most Merciful,

The great Hanafi jurist (faqih), Mulla Ali al-Qari (Allah have mercy on him) states in his excellent and one of the most reliable works on the topic of Hajj in the Hanafi School, al-Maslak al-Mutaqassit:

“When one completes the Tawaf al-Ziyarah, one should return to Mina…..One should not spend the night in Makkah or on the way (m: to Mina), because spending of the Mina nights (baytuta) in Mina is a Sunnah according to us (m: Hanafi School) and Wajib according to Imam Shafi’i (Allah have mercy on him). If one spent most part of the night in other than Mina, then this will be considered somewhat disliked (makruh tanzihan), but there will be no penalty necessary on such a person according to us. It is a Sunnah to spend the nights in Mina during the days of pelting (rami).” (See: Manasik of Mulla Ali al-Qari, P. 234-235)

Thus, in the Hanafi School, it is a Sunnah to spend the nights of Mina in Mina. To spend the nights elsewhere is Makruh Tanzihan, hence not doing so does not necessitate a penalty (dam).

However, one should remember that one should not take this Sunnah lightly. One should not leave the Sunnah of the Messenger of Allah (Allah bless him & give him peace) merely for the sake of little comfort. The nights spent in Mina are much more virtuous than a comfortable night in the hotels of Makkah.

And Allah knows best

[Mufti] Muhammad ibn Adam
Darul Iftaa
Leicester , UK


http://seekershub.org/ans-blog/2010/11/27/what-expiation-is-required-for-accidental-violations-of-ihram-during-hajj/

Question: Asalamu Alaikum,

I recently came back from Hajj, Alhumdulilah, and had a few questions on Ihram violations. In each of the three scenarios mentioned, do I owe a dam or charity? Also, when and where do I owe them. JazakAllah khair for your help!

Answer: Assalamu alaikum wa rahmatullah,

I pray this reaches you in the best of health and faith.

1) My wife had to scratch her head knowing that her hair might come off while she was doing so, but because the itch was bothering her, she scratched her head and a hair was removed. Does she owe a Dam? Also, should this Dam have been given during the Hajj time or can I have someone in Mecca that we know pay for a Dam to be sacrificed in the Haram?

With respect to prohibitions, accidental violations are not sinful but still require expiation. Yet a sacrifice of a sheep [dam] is due only for removing a fourth or more of one’s hair. Hence she only owes donation, namely, about 2.2 kg of wheat or its equivalent monetary value to a poor person. This donation is not specific to any place, as opposed to the sacrifice [dam] which if necessary, must be performed within the Sacred Precinct [haram]. If a sacrifice were necessary yet one had already returned home, one could have someone else over there do it on his/her behalf, even after the time of hajj.

But again, the answer to your question is that a donation is due, not a sacrifice.

2) I had a money pouch around me during Ihram. Before I put my Ihram on, that pouch had a bottle of perfume in it. While I was in Ihram, I put my hand in the pouch and touched the perfume and realized it was there. I picked it up and threw it out, but in the process of doing so, my fingers got the perfume scent on them. Also, scent was coming from the perfume bottle that was located in my pouch probably for about 3 or 4 hours while I was in Ihram before I discovered it.

It is unlikely that your entire hand got scent on it, so because it was less then an entire limb, only a donation is due [as detailed above], not a sacrifice. The perfume in the bottle/pouch is of no consequence.

3) I accidentally used liquid soap in a public restroom on my hand but quickly washed it off as soon as I put it on when I realized I wasn’t supposed to.

If it were scented and was applied on your whole hand [i.e., one entire limb] or more, then one sacrifice [dam] would be due. As outlined above, this is not time specific but is place specific. So if you know anyone in the Sacred Precinct, or the next time you know someone going for hajj or umra, just ask that person to do a sacrifice of a sheep on your behalf.

[Shurunbulali, Maraqi l-Sa`adat, “Ascent to Felicity” with footnotes]

And Allah knows best.

wassalam


http://www.askimam.org/public/question_detail/27386

Title: If I did my halq after the time the bank told me, is it done? If I found stains of stool on my underwear after Tawaf e Wida, and am not sure if it happened during or after Tawaf, is Tawaf done?

Question

1. I done my Hajj qurbani by paying qurbani money to saudi government farms. they told me to do halaq at 10AM on 10th Zil hajj and i done that. As i am Hanafi i am still confused whether they did my qurbani before 10AM or not. Please guide me, i dont know if it is my waswasa?

2. on my last day in Makkah i done tawaf e wida but i was suffering from stomach upset. I was with wudu alhamdulillah in whole tawaf but after leaving Makkah on the way to madina i saw yellow stains of stool on my underwear, Now i am confused whether it was after tawaf or during tawaf. Please help me in this critical situation by answering my questions.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful. 

As-salāmu ‘alaykum wa rahmatullāhi wa barakātuh.

1. In principle, if one shaves his head (halq) before dhabh (slaughtering the animal) in Hajj Tamattu‘ or Hajj Qirān, he will be liable for dam. [1] Those who place their order for dhabh through the banks must acquire the time for slaughter from the bank, and then verify that it has been slaughtered at that time, either by attending the slaughter place personally or by sending someone to do so on his behalf who will confirm for him that his animal has been slaughtered. If this is not done, since there is a likelihood that one performed the halq before dhabh, he will have to give dam out of precaution. [2] Hence, if you performed Hajj Qirān or Hajj Tamattu‘, you should slaughter a sheep or goat in the Haram with the intention of dam. 

1. In principle, the one who is certain he was in the state of wudū’, and unsure about having broken it, he will be considered as having been in the state of wudū’. [3] Since you are unsure whether your wudū’ broke at the time of Tawāf Wadā‘ or after it, you will be regarded as having been in the state of wudū’ at the time of Tawāf. Hence, your Tawāf is valid. 

http://askimam.org/public/question_detail/12613.html

Title: how many qurbani must b made after shaving head in hajj 1 or 2?

Question

Answer

There are two types of animal sacrifices: a) Qurbaani and, b) Damm

Qurbaani is that sacrifice of an animal during Eid-ul-Adha. This is not related to Hajj. Qurbaani is compulsory upon every adult Muslim who has at least the possession of the Nisaab of Zakaat during the 10, 11, 12 of Dhul-Hijjah.

Damm is a sacrifice related to Hajj. If a person performs Umra together with Hajj, whether in one Ihraam or separate Ihraams (Qiraan or Tamattu), then the Haji must sacrifice a goat, sheep or 1/7 share of a camel. This is known as Damm-e-Shukr. It is to thank Allah for the opportunity to perform Umrah together with Hajj.

There is another type of Damm known as Damm-e-Jinaayat. This is, when a person violates the laws of Ihraam, he has to pay a penalty by sacrificing a goat, sheep or 1/7 camel. At times, an entire camel has to be sacrificed depending on the nature of the violation.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

http://www.askimam.org/public/question_detail/18850

In the name of Allāh, Most Gracious, Most Merciful 

Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh 

In principal, a person has to don the ihram at the time of crossing Meeqat if he has the intention of performing Umrah.

If your brother’s intention was only to visit you, then dam will not be necessary. However, if his intention was to visit you and perform Umrah, then dam (sacrifice of a goat or sheep)  will be necessary. The nearest Meeqat is Al-Rabigh (Juhfah) which is almost 150 km away from Jeddah. 

(Ap kay Masail, Vol.4, Pg.101, Maktabah Bayyinaat)

It is necessary for a person to cut the hair within the haram. Not doing so will render a dam compulsory upon the individual.

(Al Jami Sagheer, Pg. 165) ^[1]

Once they have returned from Madinah to your place, they will be considered residents (muqeem) of Jeddah. If they want to perform Umrah again, Ihram could be donned from Jeddah.

(Ap kay Masail, Vol.4, Pg.101, Maktabah Bayyinaat)

If the hair is shorter than a finger tip, it will be compulsory to shave the head. One dam will be compulsory upon him. If the car was in haram, there will be no dam upon her.

You can don the ihram from your home whether you are performing for yourself or on behalf of someone else.

Two dams will only be necessitated when:

-When two  mistakes of different nature are committed.

-When one  mistake is commited at different times

For further enlightenment on this issue, please consult with your local Ulama

We suggest you to read the kitaab “Muallimul Hujjaaj” written by Molana Saeed Ahmad Sb (R.A)

And Allāh Ta῾āla Knows Best
Wassalāmu ῾alaykum  

Ml. Abdur Rahman Shareef,
Student Dārul Iftā

Checked and Approved by:

Mufti Ebrahim Desai
Dārul Iftā, Madrasah In῾āmiyyah

http://www.askimam.org/public/question_detail/19131

Having completed hajj I made my way to Medinah and after that I asked my ticket to be extended. As a result I traveled from Medina to Jeddah with my tour group. They issued me my passport and I then had my father-in-law pick me up from Jeddah and we made our way back to Makkah.

My question is my understanding was that I had to make intention of my ihram from Jeddah, but having spoken to my father in law, he advised that I should have done so from medina, but the issue would have been that all the other passengers would be in normal clothes and I would have been in ihram which could have caused problems for me as there are normally checks and questions would have been asked.

Anyways I did not wear the ihram at Jeddah as my father in law advised not to do so, so I would like to know what I need to do like nafl umrah from say masjid Ayesha and/or Dam? As my intention was to always travel to Makkah.

My other question is my wife lives in makkah and mostly every year she performs hajj but wears her nikab over her face during hajj/ihram, as she does not want to fulfill 1 fard and leave another as she is very strict in wearing the niqab alhumdulillah. She is not comfortable wearing the English type cap under her niqab as she finds it hard to see properly. My question is does dam become compulsory on her or is giving sadqah sufficient enough? I believe my father in law previously has given sadqah on her behalf but this year she has now become my responsibility and I wish to ask the learned scholars for their guidance.

Answer

In the Name of Allāh, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

1.) The meeqat for those coming from the direction of Madinah is Dhul-Hulayfah(also known as Bi'r Ali or Abyaar Ali). There is another meeqat called Juhfah, closer to Makkah. You could have entered ihraam there as well, although the meeqat of Dhul-Hulayfah is preferred for those coming from the direction of Madinah.

Since your intention was to travel to Makkah for Umrah, and you bypassed the meeqatwithout entering into ihraam, a damm is now obligatory. Had you traveled back to any point of meeqat and made ihraam from there before starting the rites of Umrah, the damm would have been erased. [i] [ii] [iii] [iv]

*Damm: Refers to the slaughtering of a goat, a sheep, a one-seventh part of a cow, or a one-seventh part of a camel within the precincts of the Haram in lieu of certain violations made while performing the manaasik (rites) of Hajj and Umrah. 

2.) To have a piece of cloth touching the face while in ihraam is not correct if it is done intentionally. Pious women from the Sahaabiyyaat (radiyallahu anhunna) to our times have been concealing their faces while not letting the cloth touch the face. Your wife should find an alternative solution that would allow her to maintain her niqab in ihraam without having a piece of cloth touch her face.

If the face is covered for a period of less than 12 hours at a time then sadaqah is wajib. If the face is covered for a period of 12 hours or more at a time, then a dammwill be obligatory. The penalty will apply only once since she intends to keep re-wearing the niqab for the same reason (i.e that of not being able to see with the cap extension). Multiple sadaqahs or damms will not apply if your wife removes the niqab and wears it again while in ihraam. [v] [vi] [vii]

*The amount of sadaqah is half a Saa' (1.75kg to 2.32 kg / 3.86 lb to 5.11 lb) of wheat (or its monetary equivalent which is equal to the amount given for Sadaqat-ul-Fitr) 

And Allāh knows best.

Ml. Sohail Bengali
Chicago, IL (USA)

Concurred by:

Muftī Abrar Mirza
Chicago, IL (USA)

Under the Supervision of Muftī Ebrahim Desai (South Africa)

http://askimam.org/public/question_detail/2748.html

Respected Mufti Sahab, As-Salaamu Alaykum Wa Rahmatullahi Wa Barakatuhu. If a person unknowingly brushes his teeth while in Ahram. He has to pay Dam or Sadka?h? If Sadka?h what value and where should he pay in Mecca Mukarrama?h or his place? Jazak?um?llah Khair. Was Salaam.

Answer

Respected Brother-in-Islam

Assalaamu Alaykum Wa Rahmatullaahi Wa Barakaatuhu

If a person uses toothpase in the state of Ihraam, then he will have to
slaughter a goat or sheep as a penalty (dam). The animal must be slaughtered
within the boundaries of the Haram.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT. 

http://askimam.org/public/question_detail/30851

My Question related to Hajj.

I have done Hajj this time 

I went outside the hadood to meet a friend at that time i was not aware of this Hadood.

then a Friend o mine called me and told me that you will do Dam now.

kindly solve my issue, if i have Dam than i will do it if not.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

At the outset, the enquired situation is going to be one of the two:

1. You left the boundaries of Haram while you were in the state of Ihram and did not complete the rituals of Hajj or Umrah, or 
2. You left the boundaries of Haram after completing the rituals of Hajj or Umrah 

In the first situation, after entering into Ihram and making Niyya for Hajj or Umrah, one should complete the rituals of Hajj and Umrah without exiting the Hudood of Haram. The Mu’temireen (those who put on Ihram for Umrah) have to remain in the boundaries of Haram until they shave their heads. And the Hujjaj (those who put on Ihram for Hajj) have to remain in the state of Ihram until the Day of Sacrifice (the 10th of Dhul Hijjah after sacrificing). Therefore, if someone had to leave the boundaries of Haram while he was in the state of Ihram, he will have to give Dam.[1]And if someone left the boundaries of Haram after coming out of Ihram, he will not have to give anything. However, if he exits the boundaries of Haram and then enters into the boundaries again, he will have to enter in the state of Ihram, or else he will have to give Dam.

In the enquired situation, if you left the boundaries of the Haram to meet your friend while you were in the state of Ihram, you will have to give Dam, and if you went to meet him after completing the rituals of Hajj or Umrah, then Dam will not be necessary, with the condition that you do not enter the Haram without Ihram.[2]

And Allah Ta’āla Knows Best

Asim Patel

Student Darul Iftaa
Venda, South Africa

Checked and Approved by, 
Mufti Ebrahim Desai.

www.daruliftaa.net



http://islamqa.org/hanafi/askimam/12743

1. Is it permissible for a female to wear the normal purdah (face covering) while in Ihraam? 2. Can one use vaseline in Ihraam, and if so, which type? Due to skin irritation, a person scratches his face under his beard. This sometimes results in hair falling. If this is done while in Ihraam, and some hair falls off, what should one do? 4. If hair falls of the beard as a result of stroking the beard while in Ihraam, what should one do?

Answer

1. A female in Ihraam may wear her Purdah in such a manner that it does not touch the face. This may be done by wearing a cap type headgear that will stop the Purdah from going on to the face.

2. It is permissible to use scentless vaselines in Ihraam.

3. Scratching or stroking resulting in the hair falling does not constitute Dam (penalty). However, if intentionally a person plucked his beard, Damm will not become necessary, but one should give Sadaqah. (Hidaaya vol.1 pg.267; Ilmiyah)

and Allah Ta’ala Knows Best

for: Mufti Ebrahim Desai
FATWA DEPT

Q: What is the penalty when ones hair falls off during ihraam?

---

A:If the hair falls off on its own then there is no penalty. If the hair falls out while making wudhu then for every three hairs one handful of wheat must be given in sadqa. If he plucks out the hair himself then
for every hair he should give one handful of wheat in sadqa.