Pilgrim who does not spend night at Mina and returns home without cutting hair
Fatwa No: 120955

  • Fatwa Date:24-8-2016 - Thul-Qi'dah 21, 1437
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Question

My female neighbor set out for Hajj and neither clipped her nails nor cut her hair and, furthermore, spent a night in the Sanctuary. Is she liable for any expiation?

Answer

All perfect praise be to Allaah, the Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

What seems to us from your question is that your neighbor left two of the rituals of the Hajj: cutting the hair and spending a night at Mina.

Nothing is due on her according to the preponderant opinion because she did not cut her hair. She has to take as little as a fingertip from her hair now. In his Al-Majmoo‘, An-Nawawi  may  Allaah  have  mercy  upon  him says:

"If the pilgrim postpones shaving (the head or cutting short the hair) till after the days of Tashreeq, then let him shave (his head or cut short his hair), and no sacrifice is due on him, no matter how long or short the time that passes might be and regardless of whether or not he has returned to his homeland. That is our adopted opinion and the one held by ‘Ata’, Abu Thawr and Abu Yoosuf."

However, as a precautionary measure, let her slaughter a sheep in Makkah to avoid the difference in the scholars' opinions as some make slaughtering a sheep obligatory in such a case.

On the other hand, a mudd (0.75 liter) of foodstuff is due on her because she did not spend the night at Mina, according to many scholars, or a sacrifice according to some. However, we have previously clarified the difference of opinion among the scholars concerning this issue as well as that the preponderant opinion is to offer a mudd of foodstuff.

We should bring to your mind that clipping the nails is not one of the rituals of Hajj, as is understood from your question. However, if you mean something different from what we have understood, then please clarify it in order for us to be able to answer you.

Allaah Knows best.

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