SECTION 6
Offences & Penalties
The explanation in regards to this topic is very extensive
and this booklet is very brief and the time is limited. If the manner of Hajj
which has been explained in this book is adhered to correctly, then Insha
Allah, Almighty Allah will protect you from any offences or penalty.
Note: In this section,
the term ‘Dum’ will
refer to either one sheep (i.e. ram) or goat. The term ‘Budnah’ will refer to
one camel or cow. All these animals should conform to the same conditions as required
for a normal Qurbani animal. In some instances, only a Sadqa becomes due. (The
Sadqa is equal to 1.6kg of wheat or 3.2kg of barley or dates, or its equivalent
in price)
Law: An act for which Dum is owed, and if
this offence occurs due to some illness, intense heat, intense cold, an injury,
a wound, or due to injury or harm by lice etc, then these offences are known as
‘Ghair Ikhtiyari’ (i.e. involuntary or unintentional offences). In this case,
the offender has the option of either giving Dum, or instead of this, to give 6
orphans a single Sadqa each; or to keep 3 fasts. If Sadqa is commanded because
of an action that was done involuntarily under duress, then he has the option
to keep one fast in lieu of the Sadqa.
These are the Rules Pertaining to Offences and Penalties:
1. If sewn clothing or clothes dyed with a fragrant dye was
worn for one full day and night, or if it was worn continuously, then Dum is
waajib (compulsory). If it was worn for less than one day and night, or even
for one moment, then Sadqa should be given.
2. If he wore it during the day and then removed it at night
because of the intense heat; or if he wore it at night, because of the cold,
and then removed it during the day, with the intention of not wearing it again,
but then still wore it again on the next day, it will be regarded as a second
offence. The same ruling will apply depending on the amount of times he wears
it.
3. If he wore it (sewn clothing) due to an illness, then for
as long as the illness remains, it will be regarded as a single offence. If
this illness has definitely subsided, and another illness appeared, and there
is a need for him to wear it during this illness as well, then, in t his case,
it will still be regarded as a second offence, but it will be Ghair Ikhtiyari
(i.e. involuntary).
4. If during an illness, there is a need to wear clothing from
head to toe (i.e. to cover the entire body), it is only counted as one Ghair
Ikhtiyari offence. However, in a case where one only needed to wear a single
item, such as, if one only needed to wear a turban and he wore a Kurta as well;
then in this case there are 2 offences. The penalty for the turban is Ghair
Ikhtiyari and the one for the kurta is Ikhtiyari.
5. If a man covers his entire head or quarter of his head,
or if a man or women covers the entire face or quarter of the face for one day
and one night or more than that continuously, there is one Dum. If less than a quarter
was covered for one day and one night or for longer than this continuously,
then there is one Dum. If a quarter or less than a quarter of the face or head was
covered for one day one night, or less, then there is Sadqa. If less than a
quarter was covered for less than one day, it is a sin and there is no Kafarah (penalty)
for it.
6. If one used such a substantial amount of fragrance, that
when people notice it, they regard it as being substantial, even though it was
put on a small portion of the body or even if a little was rubbed onto a large portion
of the body (like the head or the face etc.) then there is Dum. If a little
fragrance was used on a small portion of the body, then the penalty is Sadqa.
Law: Fragrance is usually applied on the
Holy Hajr-e-Aswad and if whilst kissing it in the condition of Ehraam, a substantial
amount rubs onto the mouth (or face), then there is Dum. If only little rubs
on, then there is Sadqa.
7. If thin mehndi (henna) was used to dye the hair, and the
hair was not hidden (i.e. covered by it), then there is one Dum. If it was
applied thick and more than one day and one night passed, then for men there
are 2 Dum (i.e. one for applying this fragrant item on an entire area of the
body and the second is for leaving it on for longer than one day and night),
and if was kept on for less than one day and a night, then for a male there is
one Sadqa and one Dum (The Dum is for applying the fragrant item and the Sadqa
is for leaving the head covered for less than a day and night). For women, in
both cases there is only one Dum (The Dum is simply because of applying the
fragrant item. There is no Dum for covering the hair as this is essential for
her)
8. No matter how much fragrance is used on the body in one
sitting, it is regarded as a single offence. If it is applied in different
sittings, then each will be regarded as a new offence.
9. If small amounts of fragrance were applied to different
portions of the body, but if gathered, it will be sufficient to cover an entire
part (limb) of the body, then there is Dum, otherwise only Sadqa.
This restriction has been stipulated because in the case
of substantial fragrance being used, it is not restricted to the just the
entire part. So pay attention (in this regard).
10. If scented Surmah was used thrice or more than thrice,
then there is Dum, if not Sadqa.
11. If one ate some fragrant item (i.e. something that is
itself a perfume), and it touched (i.e. affected) most of the mouth; there is
Dum, if not Sadqa.
12. If a fragrant item (as mentioned above) was put into
food during cooking (and the fragrant item) then disappeared, there is no
problem. If however, the bits and pieces of the fragrant item are more, then it
is in the same ruling as that which applies to eating a fragrant item (as
mentioned above). However, if the food portion is more, then the general books
(of Fiqh) have mentioned absolutely, that there is no penalty. However, if the
smell is overwhelming, then it is an abomination (i.e. it is objectionable).
13. If a fragrant item was mixed into some drinking item,
then if the portion of the fragrant item is stronger, or if one drank from it
thrice or more than thrice, there is Dum, if not Sadqa.
Law: To smoke a blend of tobacco is
undesirable, but it is neither disallowed nor is there any penalty for this.
14. If one removed quarter or more of the hair on the head
or beard in any way, then there is Dum, if not Sadqa.
15. If the hair is very thin, or the hair of the beard is very
light (i.e. there is only a light growth of hair), then it will be seen if the
hair is equal to quarter of that area or not.
16. Similarly, if hair was removed from different parts, it
will be combined to see if it makes up quarter.
17. If all the hair on the body was removed in one sitting,
it is only regarded as a single offence. If it is done in different sittings,
then each one is an individual offence.
18. If the moustache is removed, even though it is the entire
moustache, there is only Sadqa.
19. If the neck hair and hair from under one armpit is removed,
there is Dum and if it is less, and it amounts to half, or more than half, then
there is Sadqa. This rule applies to the pubic hair as well. The rule of quarter
being equal to all is only applicable in the case of the hair of the head and
the beard.
20. Even if the hair of both armpits is removed, there is
only one Dum.
21. With the exception of the hair on the head, the beard,
the armpits and pubic hair, the penalty for removing any other hair on the body
is Sadqa.
22. The ruling in regards to shaving off the hair, trimming
it, pulling it with tweezers and or to use hair removers etc. is the same. In
other words, the same ruling applies to all.
23. If a woman trims from the entire head or from quarter
head, hair equal to even one finger joint, there is Dum, and for less than
this, there is Sadqa.
24. Hair that falls of whilst performing wudu, combing, or
whilst scratching, will cause the full Sadqa to be due (Even in this case, the
ruling is regarding one sitting. In other words, if one or all the hair breaks
off in one sitting, there is only one Sadqa, and if it occurs in different
sittings, then there will be separate Sadqa for each sitting in which it
occurs). Some (jurists) have mentioned that one handful of grain, or one piece
of Roti or one prune must be given as Sadqa for every hair that breaks if it is
upto 2 or 3 strands of hair.
25. If hair falls off without you touching it, or if due to any
illness even all the hair falls off, there is no penalty.
26. If all the nails of one hand and one foot are clipped,
or if all 20 are clipped at once, then there is one Dum. If all five nails of
any hand or feet are not clipped, there is one Sadqa for every nail that has
been clipped. This means that if only 4 nails each were clipped for each of
both hands and each of both feet, then one should give 16 Sadqa, except in the
case where the Sadqa becomes equal to the value of one Dum. In this case, you
should give slightly less than that amount.
27. If in one sitting, the nails of one hand and one foot were
clipped, and in another sitting, the nails of the other hand and foot were clipped,
then there is 2 Dum. Similarly if the 4 were clipped separately in 4 sittings, then
there will be 4 Dum.
28. If a nail had broken, and it does not have the ability
to grow, and one removed the rest of it, then there is no penalty.
29. To kiss, touch, and embrace (your wife) in a state of
arousal will cause one Dum, even if there was no seminal discharge. If it was
not done in a state of arousal, there is no penalty.
30. There is no penalty in looking at the private ornaments
of the body, even though it may cause seminal discharge. However, this is
Makruh (defective).
31. If seminal discharge occurs due to masturbation, there
is Dum. Otherwise it is Makruh. (It must be noted that masturbation is not
permitted at any time, be it in Ehraam or out of Ehraam)
32. If the entire or most of the Tawaaf-e-Fard was performed
in the state of Janaabat, Haidh or Nifaas, there is ‘Budnah’ and if it was
performed without wudu, there is Dum. In the first case, it is waajib (compulsory)
to repeat this Tawaaf with Tahaarat; and in the second case, to repeat it is
Mustahab.
33. If more than half the circuits were done without Tahaarat,
there is one Sadqa, for every circuit.
34. (a) If the complete Tawaaf-e-Fard or part of it was not
done by foot, but was done sitting, or whilst riding or whilst being carried by
someone without a valid reason; (b) or if it was performed without the proper Satr-e-Awrat,
in other words without covering the prescribed parts of the body, for example
if quarter of a females wrist or quarter of the hair on her head was left
uncovered; (c) or if one performed Tawaaf in the incorrect direction by walking
with the Kaaba to your right; (d) or whilst in Tawaaf if he passed through the Hateem;
(e) or if he performed it after the 12th, then in all 5 cases Dum must be
given.
35. If less than 4 circuits of a Tawaaf were not done at all,
then there is Dum, and if it was done after the 12th, then there is Sadqa for
every circuit.
36. With the exception of Tawaaf-e-Fard, if any other Tawaaf
was done in the state of Janaabat Dum will be due, and if it was done without
wudu, there is Sadqa.
37. If any Fard or other Tawaaf etc. was done in an improper
manner, which caused Kafarah to become necessary, then once it has been
fulfilled correctly, one will be absolved of the Kafarah (penalty). After the
12th, with the exception of the Tawaaf-e-Fard, any shortcoming in any other
circuit cannot be repeated as this is not possible. The 12th has already
passed.
38. To make Tawaaf in impure clothes is Makruh, but there is
no penalty.
39. If 4 or more circuits of Sa’ee were completely omitted
without a valid reason; or it was done sitting on an animal etc. then there is
Dum, but the Hajj is valid. If less than 4 were omitted, then Sadqa must be given
for every circuit missed.
41. If one performed Sa’ee before performing Tawaaf, he
should repeat the Sa’ee. If he does not repeat it, Dum will become necessary.
42. If on the morning of the 10th, one did not make Wuqoof
at Muzdalifa without a valid reason, then there is Dum. However, if a weak
person or a female does not do so due to fear of facing difficulty, there is no
penalty.
43. If Halaq was not done in the Haram, or if it was done
outside the boundaries of the Haram, or if it was done after the 12th, then
there is Dum.
44. If Halaq was done before Rami, there is Dum.
45. If those doing Qiraan or Tamut’tu make Qurbani before
Rami, or Halaq before Qurbani, there is Dum.
46. If Rami was not made at all on any of the days without a
valid reason, or if the Rami of one day was completely left out or most of it
was not done, for example if one threw upto 3 stones on the 10th or if one
threw upto 10 stones on the 11th; or if the Rami of one day was completely left
our or most of it was not done, and it was then done on the next day, then in these
cases, there is Dum due. If the Rami of a particular day was done on the night
that follows, then there is no penalty.
47. If less than half the Rami of any day was done, for example,
3 were thrown on the 10th and on another day, 10 were completely left out, or
if a person threw them on the another day, then there is a Sadqa for every
stone (pebble). If the value of the (combined) Sadqa is equal to that of a Dum,
then a bit less should be given.
48. If a person in Ehraam removed the hair or trimmed the
nails of another person who is also in Ehraam, he should give Sadqa, and that
Sadqa or Dum will be based on the explanation that we have already given
earlier. If he is not in Ehraam, then he should give some khairaat (optional
charity), even if it is a handful of something, and that is really nothing.
49. If you dressed someone in sewn clothing, or applied
fragrance to him, in a manner where it did not touch you, then there is no
penalty for this. It will however be regarded as a sin. If he was in Ehraam as well,
then as per our explanation, he will either give Dum or Sadqa.
50. If one had sexual intercourse before Wuqoof-e-Arafat,
the Hajj is not valid. He must complete the entire rituals of Hajj and then
give a Dum, and the very next year he must return and repeat the Hajj. If the
female was in Ehraam as well, then the same applies to her. It is more
appropriate that from the time of tying the Ehraam of Hajj, upto the final
days, they should both stay separately whereby they do not see each other, if
there is the risk of them falling into this bad situation. By being intimate
after the Wuqoof, the Hajj will not be rendered invalid. However, if this was
done before Halaq and Tawaaf, then one must give ‘Budnah’. If they were
intimate between both (i.e. between Tawaaf and removing the hair), then Dum
should be given, but even in this case it is better to give Budnah. If intimacy
takes place after both (Tawaaf and removing hair), then there is no penalty.
51. In Umrah, if one had sexual intercourse before 4 circuits
of Tawaaf, the Umrah will become invalid and Dum must be given. The Umrah must
then be repeated. If it is done after 4 circuits, then one must still give Dum,
but the Umrah will be valid.
52. If you killed a louse on your body or clothing, or you
threw it off, then for 1 louse, give a piece of bread. For 2, you should give a
handful of grain and if they were more than 2, then you should give Sadqa.
53. If you washed your hair or clothing, or left your clothing
out in the sun with the intention of killing lice, the ruling regarding the
penalty is the same which applies to killing it.
54. Similarly, there is a penalty if another person killed a
louse on him because he pointed it out to him or gestured towards him (to kill
it), even though the other person may not have been in Ehraam.
55. To kill a louse which has fallen on the floor, or to kill
it on the clothing or body of someone else, does not require a penalty, even
though the other personmay be in Ehraam as well.
Law: Where one Dum or Sadqa has been
instructed, in the case of one performing Qiraan, it is doubled (i.e. the
Qaarin will give 2).
Law: The Qurbani of Kafarah or the Shukrana
of the persons in Qiraan and Tamut’tu cannot be made outside the Haram. One is
permitted to partake from the Qurbani which he has offered for Shukrana and a wealthy
person may partake in it as well. However, the Qurbani for Kafarah is only the
right of the needy.
Advice: Penalty is for
an offence that occurs forgetfully, or while asleep, or under duress. He will be
absolved after the penalty is paid. This is not in the case when one commits
any offence intentionally without any valid reason, and then says that he will just
pay the penalty to compensate for it. The penalty will have to be paid, but it
is a severe sin to intentionally act contrary to the Command of Almighty Allah. 
Allah
bless us with the Taufeeq to be obedient, affording us the opportunity to make
the Ziyaarah of Madinah. Aameen
Allah
bless us with the Taufeeq to be obedient, affording us the opportunity to make
the Ziyaarah of Madinah. Aameen
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