Walead Mosaad – Maliki FiqhTadrib AlSalikClass 27 Expiation for mistakes made during Hajj
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So,
we are reading from
the book,
and we continue our,
reading of the jurisprudence
of
the imam of Dhar al Hijra,
the imam of the abode of the Hijra
of immigration,
Malik ibn Anas
And in our last
session,
we were speaking about the Hajj,
and we had gone over the integrals of
Hajj,
and we had gone over the,
Masnunet and things that are sunnah to doing
Hajj and the Mandu bet and things that
are
recommended to do, as well as the general
order of, the rights of the Hajj.
In these last sections that we'll read now,
the author will talk about
when we do something that is in,
that is contrary
to the
either the wazhi bet, either the
obligatory
acts of the Hajj and then something called
the hadi,
a sacrifice,
will be due,
or we may do something that is an
infraction
of the state of Iran,
and that also requires something called alfidiyah, which
is also a sacrifice.
And you also talk about things that are
refractions of the,
ihram, but something of a very minor or
lesser nature, which will require something called that
hafna,
which is to feed a meal to a
needy person.
So as we've mentioned before,
part of the Hajj, one of the meanings
of the Hajj is this thing called a
Tajrid,
which is kind of to
strip away
all of the trappings of dunya. Hence, the
very simple,
eharam
that we wear.
We're not allowed to,
you know, then to to use things that
have perfume in them or to use even
soap that has a
type of, smell to it or perfume smell,
and,
we shouldn't cut our nails and and and
so forth. So all those things are related
to this idea of Tajrid. We're coming before
Allah
in a state of,
of impoverishment,
spiritual impoverishment,
spiritual poverty, and we're seeking that Allah Subhanahu
Wa Ta'ala replenish us
and,
look down upon us with
a graceful gaze that only Allah Subhanahu Wa
Ta'ala is capable of.
So,
however,
mistakes do happen and sometimes people do things
that,
are infraction of the Hajj either wittingly or
unwittingly.
And we'll see in these following pages,
what the prescribed action is and what those
infractions are.
So those who are following in these the
text we have in Arabic, this is page
187.
So the Mujib in Arabic means that which
necessitates
something.
So we might have talked earlier about Mujibat
al Khosla or Mujibat al Wudu.
That which necessitates
one to take the purificatory bath or that
which necessitates one to,
renew their wudu. So here the
is talking about that which necessitates
the Hedi.
And the Hedi is
the sacrificial animal that is either going to
be a camel or it's going to be
a cow or it's going to be a
sheep, a lamb.
And the rulings pertaining to it.
So he says
So the first line, the hadi becomes obligatory
on 2 types of, here he says
and these are referring to modes of doing
Hajj which we went over before.
So,
intention and mode. So the Mutamatya
is the one
who goes to the sacred precinct. It goes
to the Haram, does an umrah,
then removes the state of Ihram, and then
waits until the ommat tarwayyah till the 8th
of Dhir Hijjah
to put on the Haram once again to
begin the rights of Hajj. This is called
the Mutamatya
Mutamatya. It comes from Mutamatya and then Muta
Yani. They get to enjoy the period between
the 2 ihrams from the umrah to the
Hajj.
Imam Malik and the Maliki school looked at
this as a type of
less than,
perfect,
sort of Hajj. So in mimetic, the best
type of Hajj was Hajj Efrad.
Hajj Ifrad.
Ifrad means that you make intention for the
Hajj and you do not move the ihram.
You make intention for the umrah, you make
intention for the Hajj. And then umrah you
do some other time.
That was
the opinion of Malik Radi Allah Anhu and
that was also,
what he believed to be the Hajj of
the prophet sallallahu alaihi wa sallam. The prophet
sallallahu alaihi wa sallam only made Hajj one
time in his life
and Imam Malik, his riwaya,
his narration of that Hajj is that he
made Hajj Ifrad,
that he did it with just the intention
of Hajj.
So the as you see here the one
who make the mufrid or the making of
the Hajj Ifrah does not have to do
a hedhi, does not have to do, sacrifice
a sacrificial animal.
So Right? And is the 1
groups the 2 or brings the 2 combines
the 2 intentions, which is the intention of
Umrah and the intention of Hajj from the
outset.
So that person also who intends both things
at the same time starting with the rights
in,
in Mecca, in the Haram, also would have
to do yazhu al hadi have to do
a sacrificial animal.
Those two categories.
So here are some other categories of people
that also have to do a Hedi not
because of their intention because of some shortcoming
that happened with them. So he says
So the one
the one who does not, didn't have the
niyyah at the outset of the ihram. So
they went to to Jarud,
right, which means they took off the regular
clothes and then they put on the ihram
clothes, but they didn't have the intention at
the time. Or they didn't have the intention
at the Talbiyah when they say
So the intention has to proceed that or
be at the same time, but let's say
they put all that on and they get
on the bus and they leave Medina if
they're going from Medina and they say, oh,
wait a minute. I didn't make intention. So,
such a person,
would have to do a hadi.
Also,
Also someone who didn't do the talbiyah, which
is to say, as
I just said, right at the outset of
the tajarrud, which is to put on the,
close of ihram. If there's a big fuss
or a big,
separation between those two things, we're talking about,
you know, more than, like, 15 minutes,
then also they have to do the hadi.
And also for the one
who goes past the mikat. So the mikat
we talked about this earlier which are the
kind of the
markers
outside of the Haram, outside of Mecca that
are in different parts of the Arabian Peninsula,
that indicate that one should not go past
that particular place except in a state of
Ihram if they are intending to make umrah
or Hajj. So if someone does that,
whether inadvertently or on purpose, then they also
have to do a heady. They have to
do, a sacrificial animal. That's why for many
people who will not be stopping,
somewhere in the Arabian Peninsula, if they're flying
out from their home country and they're gonna
land in Jeddah,
then they have to be in the state
of Iran
prior to reaching Jeddah, right, prior to crossing
whatever part of the Arabian Peninsula, or they're
coming from the east or the west or
the north or the south, their particular mikat
or a particular marker.
And here he says and also it's necessary
for him to go back to it if
if one can obviously. We would caveat that.
If you're traveling by road or you're driving
yourself,
you're not with the bus and the bus
is not gonna go back to you for
the alarm for you, and obviously the plane
is not gonna turn around. But if you
have the ability to go back, then you
should go back and make the,
the intention from there but you still have
to do the heading nonetheless. You still have
to do the sacrificial animal.
However, if you go back
before you make the intention, like you crossed
it and you didn't have an intention
and then you go back,
to the mikatah right before it, and then
you make the intention Ihrad, then you don't
have to do faladam, no blood means no
sacrificial animal.
However, if he doesn't go back
or you go back after doing the ihram,
right, you passed it and you did the
haram, passed it,
then you have to do a sacrificial animal
even if you go back.
So we mentioned now here's another category.
So someone who gets there
is a. It's not a. It's not an
essential part. But if you fail to do
it upon reaching Mecca,
then that also would require you to do
a sacrificial animal.
Or as we know in the Maliki school
with every tawaf, with every circumambulation of the
Kaaba, there's something called the between the Safa
and Marwa. If you didn't do it immediately
after like you're supposed to, then also you
have to do a sacrificial animal.
Or
if you do not make it to Arafah
during the day. So we said in the
Maliki School
to be in Arafa even for moments after
Maghrib
is the essential part,
which is rukun. Right? And we we described
before, like, there's a difference between something called
essential and something called obligatory
in
Hajj specifically.
So if you miss something that is called
an essential, you have to do the Hajj
over.
So here he's talking about something that's obligatory,
namely to make it to Arafa
sometime during the day before the sun sets.
If you do not make it during the
day before the sun sets then you have
to do a sacrificial animal.
Or if you make it at night but
you kind of pass through and you don't
stay moments where you have stillness
In Arafa, you also have to do a
sacrificial animal, but technically your Hajj counts because
you were
in Arafa,
some part of the night
before fezr.
Or after you do the wakuf bi alafa,
you stand in alafa, you go to a
muzarifa, which we know is the next stop,
but you do not get down, you just
pass through and go straight to Mina, then
that also requires
a HEDI because that's an obligatory act of
the Hajj. So you have to at least
get off the bus, stop walking, sit for
a minute, take a sip of water, and
then you have fulfilled the obligation and then
you can go and and move on to
Mina if you wanna go there even before
Fezr even though the better thing is to
wait until Fezr before going to Mina.
So now he's gonna talk about the stoning.
So there's also this is an obligatory act
not an essential one, not a rukun, but
if you mess something up in it, then
there'll be a sacrificial animal. So he says
also
So if you don't do any of the
if you don't do any of the stoning
for whatever reason,
you know, some people it's too much to
to go down there and to,
physically, it's difficult. And we told people like
that, you don't have to do it, but
sacrifice the animal,
that you would do that for for that
sake.
So that is obligatory to sacrifice the animal.
So if you skip the whole thing or
you skip one of the pillars, there's 3
that you're going to do, which is in
the days of Tasharik, which is in the
days after you come to,
Mina and then you go to Mecca and
you do you do Tawaf al Ifada
and the cutting or or shaving of the
hair, then you go back to Mina for
2 or 3 nights. So he's talking about
that particular part.
So if you partially
leave out the stoning or some of it,
one of the pillars,
Or you did 6 stones
instead of 7 at 1 of them.
Or you did it in the wrong order.
You went all the way to the end
and then went to the middle one to
the front or something like that.
Or if it's in one.
So he gives a scenario. So if you
go to,
El Wusta, which is the one in the
middle with 6 and you're supposed to have
7, Then you go to the Aqaba, which
is the last one.
You have to go back to the middle
one and throw the 7th one, and then
you have to redo
the one in Akhaba. So even if you
did 7 in Akhaba, but here, you know
how the Manikis are,
always very concerned with the tarteb, things in
order. Just like if you miss 3 or
4 prayers, you have to do those in
order before you get to the one. That's
the 5th one.
So that is
the standard opinion, which is
that if you wait to do the stoning
until at night,
you should do a sacrificial animal.
The modern fatwa, however, and there is,
you know, some of the opinions that are
narrated upon medic allows this because of the
the great crowding.
Alhamdulillah, I don't think there has been an
incident
of stampeding and so forth in a number
of years at at, the stoning at at
Mina. But in previous years,
there was death that happened because of stampeding,
because of the crowds and people moving the
wrong direction.
So the modern fatwa is that people are
allowed to throw at any time of the
day or night
to, you know, to to
to kind of,
relieve crowding.
You know, you have 2,000,000 people all trying
to do something at the same time after
the door. It doesn't quite work.
So one can one can delay it till
the night based upon some of the modern
fatawa.
If you don't feel comfortable with that you
can still wait till the night and then
you have the sacrificial animal that you can
do if that doesn't feel comfortable to you.
And according to the standard if you do
don't do it during the day, the previous
day, then you have to make it up
the next day.
And at the same time you still have
to do sacrificial animal. And there is no
kada, there's no making up after the sun
sets on the 4th day because then Hajj
is finished.
Here now the day which is the day
of Eid, which is the 10th of Dhul
Hijjah, there are certain things that need to
be done in a particular order.
So if you
cut or shave your hair before doing the
ramih in minna, which is the first thing
you're supposed to do, Jamat Al Akhabah. Right?
And this is different than the Rami or
the the study that comes at the end
after the Tawaf, but this is the 10th
day. The Rami that he talked about earlier
is on the 11, 12, 13th.
So you have to do that first coming
from Mus'Dalifa, you do the rami, you do
the stoning of Jamratil Akhaba, which is the
last pillar.
So if you cut your hair or shave
your hair before that, then you've violated,
or you made an infraction against the,
the order that's necessary, so you have to
do a sacrificial animal.
Or if you do the ifada, to offer
ifada,
first and then you do the rami after
that, no, rami has to be first. Stoning
has to be first.
Then you also have to do a sacrificial
animal.
In other words, you don't do it while
you're in Mecca. You never shaved your head
or cut your hair. You went home and
said, oh, wait. I forgot to cut my
hair or shave my head.
Then you also have to do a sacrificial
animal because the days of Hajj now are
finished.
Or if you,
delay the Rami which is of Jannah Al
Aqaba which is supposed to be done on
10th,
you delay it
until the next day or a day or
something like that or past its time,
then you have to also do a sacrificial
animal.
And also if you do not spend the
night in Mina.
So you have to spend 2 nights in
Mina, which is mean means most of the
night. So you gotta get there by midnight
at least if you go back to Mecca,
as some people do, but you need to
go back to Mina and spend most of
the night there. Otherwise, you have to do
a sacrificial animal.
So all of those are the cases then
of when you have to do what's called
al hadi. Now he's gonna talk about the
akham,
what type of animal.
So the rules pertaining to it
So as far as the rulings,
that which is going to be permitted is
the same thing that is permitted for the.
So the people who are not in Hajj,
who are doing a sacrificial animal
for for either
the animal is the sheep. Why?
Because in the
what is considered or what's considered preferred
is
the
the, quality of the meat. And sheep is
considered to have a higher quality of meat
than the camel. However, in the
hadi, which is an animal to be sacrificed
and distributed to people, it's looking at takthirilaham,
which has the most meat. And so the
most meat is in the camel, then the
cow, then the sheep. So the reverse order
that you would find in
So this is something we can't really do
in the age that we live in now.
There used to be a time, actually not
long ago. Sometimes I see people do it.
They bring actually the animals with them. So
So when you're moving from the from Mecca
to,
to Mina and then to Arafa and then
to Muzdalifa and then Muzdalifa to Mina, Your
animals with you the whole time. And then
when you get to Mina after Musdalifa on
10th of Dhul Hijjah that's when you would
sacrifice it. So he's saying here
that you had the animal with you in
the Arafah
and then you,
then you move on and then you take
it to Mina, and that's the condition.
Even if,
someone that you have assigned who's gonna do
it for you, but the animal should have
been in Arafa and then moves to Mina.
So it's not really possible to do this
anymore because if 2,000,000 people have 2,000,000 animals
with them in Arafat, you can imagine what
the scene would look like.
So nowadays, basically, you have a a
taqil.
You deputize someone or give them agency to
do it on your behalf, and basically, it's
buying a ticket,
in Mecca or Mina for someone to do
that for you and then the mika is
distributed.
So it can be it can be slaughtered
in man mina or makkah.
And also,
that it's not gonna be slaughtered or taken
into,
until you leave the state of Ihram.
Right? That's what it
means.
And you may eat from it yourself. Again,
assuming you have it with you.
And also to distribute the meat to whom
you like to gift
it. Based on the Quran.
And that is,
you know, when you reach Mina or Mecca.
Except for that which you had to sacrifice
because you illegally hunted something, which we're not
really gonna go over here because it doesn't
really come up. But in that case,
you're not gonna eat from it.
And that which you made another, you made
an oath to say I'm I'm going to
sacrifice this animal for the needy, then you're
not allowed to eat from that.
And he said,
there are four reasons why you would have
to do a hadith that necessitates it.
All the things we talked about before that
were obligatory and you didn't do,
that's one reason.
The second is if you illegally hunt
while you're in Iran.
Which is you make an oath, which could
be in Hajj or outside of Hajj.
And then the 4th
you decide that you want to sacrifice an
animal and no particular reason behind it, but
you want to give sadaqa,
then also that is,
obviously,
a legitimate reason to necessitate for you to
sacrifice an animal. Well, Allahu Alam, and Allah
knows best.
So that's the section about Hedi.
The next section is looking about at the
fidiyah. And we said the fidiyah, these are
for for
when someone does something that goes against the
ihram.
And the author here kind of really makes
it succinct, some of the the the
longer books, you spend pages and pages about
all the different scenarios
of when you would have to do FIDIA.
And my advice to people is
be largely familiar with that,
but, probably you're not gonna be able to
memorize the level of detail of the because
they go over so many different scenarios, but
have the the broad guidelines. And then if
you feel like you may have done something
that possibly could have,
been a fraction against your Haram then ask
a scholar about that Insha'Allah.
So you're looking at what necessitates al Fidya
which we said is for the Ihram, breaking
the Ihram, not breaking the Ihram but doing
something that is contrary to the rules of
Ihram,
wakhiamiha and the rules pertaining to it.
As we said. So the fiddiya
is or this expiation is necessary or obligatory
for doing something that is from the muharramat
that is haram to do while you are
in a state of ihram. So not haram
mutlaqan,
not haram all the time, but haram when
you're in a state of
So here he gives some examples of what
are these mukhalafat, what are these infractions of
ihram.
If a woman wears gloves because the ihram
of the woman is in her face and
in her hands.
So they should
be exposed, not covered.
So if she wears gloves or what he
calls here a which is a type of,
face covering that comes, you know, starts from
the top and covers the face. She's not
supposed to cover her face.
So the wording here is kind of awkward
as even the, muhaqqiq says.
So there's one scenario where she can't cover
her face, which is and
you find this
term, in some of the books,
which means that
generally speaking for whatever reason, the woman doesn't
wanna expose her face to men she doesn't
know,
And then she's she's allowed not to expose
her face if that's the way she feels
about it, and that's okay.
Then in this case, she can, cover her
face.
But without
avoiding
tying it and using buttons and and of
this and the 4th. So, like, you know,
wrapping something around her face like a scarf
or something like that,
or something that ties from the top and
then comes down
like an over
the face, then in this case,
she can do that over her face if
she feels that there is
a
oppressive reason to do that.
Okay.
As for the males,
they cannot wear anything that's mohit. Mohit means
anything that will wrap around their body, whether
it's a limb or their their, there's some
exceptions will come over, but whether it's a
limb or their chest or their waist, you
know, to like what I'm wearing here, it's
it's circling, it's wrapping around me. So the
has to be something that you just throw
upon yourself without being custom
fit to, around the limb like trousers or
a shirt or anything like that. So if
someone wears that,
then they would have to do the which
is to sacrifice an animal.
Except if
it is
they immediately realize, like, as soon as they
put it on and they take it off,
then in this case they don't have to
do,
the sacrificial lamb, sacrifice that they intend to
do in this case.
So,
we will stop here insha Allah and continue
this in the next time and look at
the rest of the Mujibat of the Fidya
and the Hakim.