Issues Related to Fidyah

Issues Related to Fidyah
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If a person does one of the things that invalidate Ihraam (the sacral state), he has to offer a Fidyah (expiation).

Fidyah is of several kinds:

Whoever clips his nails, cuts his hair, wears perfume, or a man wears form-fitting clothes, or covers his head, or a woman covers her face with Burqa’ or Niqaab (face veil tied to her head) or her hands with gloves, has to offer a Fidyah of fasting three days, or feeding six poor persons, or slaughtering a sheep.

One also has to repent if one violates these restrictions without a legitimate excuse, for Allah The Almighty Says (what means): {…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….} [Quran 2:196]

In addition, the Messenger of Allah  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) said to a person who was harmed by lice: “Shave your head and either fast three days, or feed six poor persons with one Faraq (three Saa’s of dates), or slaughter whatever is available of sacrifice.” [Al-Bukhari and Muslim]

If a Muhrim (i.e., a person in the state of Ihraam) kills game, he has the choice either to slaughter a similar animal and distribute it among the poor of the Sacred Mosque, or estimate its value and distribute food that equals that value among the poor of the Sacred Mosque, or fast a day instead of feeding each poor person.

No Fidyah is to be offered for concluding a marriage contract in Hajj. However, the contract is deemed invalid.

If one kisses his wife or is intimate with her without having intercourse or keeps looking at her with lust, or masturbates and then ejaculates as a result of any of these actions, then he has to offer a she-camel, and if he does not ejaculate, then he has to offer a sheep as Fidyah.

If a person has sexual intercourse before the minor Tahallul (partial ending of the state of Ihraam), his Hajj is invalid. He has to complete the rituals of this invalid Hajj and perform Hajj again the following year and slaughter a she-camel as Fidyah.

If a person has sexual intercourse after the minor Tahallul, then his Hajj is still valid, but he has to offer a sheep, go out to Al-Hil (all areas outside the Sacred Sanctuary of Makkah) and assume Ihraam and then perform ‘Umrah.

Whoever cannot afford the compensation required for a willful violation of a prohibition or obligation while in Tamattu’ or Qiraan Hajj, or for Fawaat (missing Hajj) or Ihsaar (being prevented from completing Hajj or ‘Umrah), or giving up an obligation or having sexual intercourse, has to fast three days in Hajj and seven when he returns home. The three days can be fasted on the 6th, 7th, 8th or 9th. It is permissible to fast them after assuming Ihraam for ‘Umrah if one has intention of performing Tamattu’ Hajj or for Hajj if one has intention of performing Qiraan Hajj.

Whoever delays fasting after the Day of ‘Arafah is obliged to make up for it and he has to offer sacrifice for missing the due time of fasting.

As for the fasting of the seven days, this should be done after the Day of ‘Eed when one finishes the rites of Hajj or returns home, according to the Saying of Allah The Almighty (what means): {…And whoever cannot find [or afford such an animal] - then a fast of three days during Hajj and of seven when you have returned [home]. Those are ten complete [days]….} [Quran 2:196]

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