Did not shave or cut the hair in Umrah out of ignorance & forgetfulness

Fiqh & its Sciences, Questions & Answers 225 Views

  Question: Man performed Umrah but did not cut or shave his hair, then he returned to his country. What should he do? Same is the case with a woman who did not cut her hair in Umrah and exited Makkah.  

Summary of Answer: If a person missed shaving or cutting hair during Umrah, he/she does not have to do anything as this was missed due to ignorance or forgetfulness. But if someone wants to be on the safe side, fidya can be offered, that is either slaughter a sheep to be distributed among the poor of the Haram (in Makkah), or fast for three days, or feed six poor persons.

  Answer: Praise be to Allah. One of the obligatory duties (واجبات) of Umrah is to shave the head or cut the hair at the end of it. The one who forgets to do this, should do it as soon as he remembers. Out of ignorance or forgetfulness, if he/she did anything that is forbidden before this, then he/she does not have to do anything, according to the most correct scholarly opinion.

When this question was asked, Shaikh bin baaz (may Allah have mercy on him) replied: “He should shorten his hair if he is ignorant or forgetful, and there is nothing more he needs to do. He shortens his hair in his country or shaves it, praise be to Allah”.

Questioner: Isn’t there Kaffarah (expiation) on him?

He replied: There is nothing on him if he is ignorant or forgetful. But if he is knowledgeable and understands and he did not miss …

Questioner: Maybe he forgot?

He replied: The one who forgets there is no sin upon him, but if he remembers, he must take off his (regular) clothes, put on the Ihram clothes, shave or trim his hair, and then put on his (regular) clothes.

Questioner: Isn’t there Kaffarah (expiation) on him?

He replied: There is nothing on him as he was ignorant and forgot.

[Source: https://binbaz.org.sa/fatwas/21863/حكم-من-فاته-الحلق-او-التقصير-جهلا-او-سهوا ]

 

Shaikh bin Baz (may Allah have mercy on him) was also asked: What is the ruling on one who forgets to shave his head or cut his hair following Umrah and puts on stitched clothes, then he remembered that he did not shave his head or cut his hair? 

He replied: “The one who forgets to shave his head or cut his hair following `Umrah , so he does tawaf and sa`i, then he puts on regular clothes before shaving his head or cutting his hair, has to take off his regular clothes when he remembers that (and put on the ihram garments), and shave his head or cut his hair, then put his regular clothes back on. If he cuts his hair or shaved his head whilst wearing his regular clothes, out of ignorance or because he forgot, then he does not have to do anything, and that is acceptable; he does not have to repeat cutting the hair or shaving the head . But when he realizes, what he must do is change out of his regular clothes so that he can shave his head or cut his hair whilst he is still in ihram .” (Fatawa ash-Shaikh bin Baz, 17/436) 1https://shamela.ws/book/21537/9377#p1

Shaikh bin Uthaymeen (may Allah have mercy on him) was asked regarding a woman who did not complete her Umrah. He replied: With regard to the things she did that are haraam when in ihram, let us assume that her husband had intercourse with her at this time, and intercourse when in ihram is the most serious of the forbidden things. But she does not have to offer any fidyah because she was unaware (of the ruling). Every person who does one of the things that are forbidden in ihram out of ignorance or because he forgot or was forced to do it, does not have to do anything (i.e., offer any fidyah). (From Majmoo Fatawa Ibn Uthaymeen, 21/353). 2https://shamela.ws/book/12293/8387#p1

Some scholars are of the view that having intercourse after doing saee and before shaving the head or cutting the hair means that the fidyah is required, even if one forgot or was unaware of the ruling, but it is fidyah in the sense of being optional, like the fidyah offered in the event of an ailment in the scalp, i.e., the fidyah for one who shaves his head because of an ailment such as lice and the like. Allah says: “And whosoever of you is ill or has an ailment in his scalp (necessitating shaving), he must pay a Fidyah (ransom) of either observing Sawm (fasts) (three days) or giving Sadaqah (charity — feeding six poor persons) or offering sacrifice (one sheep)” [al-Baqarah 2:196]

[Source: Check Sharh Muntaha al-Iraadaat lil bahuti (1/556)]

وَإِنْ تَرَكَ الْحَلْقَ أَوْ التَّقْصِيرَ فِي عُمْرَتِهِ وَوَطِئَ قَبْلَهُ فَعَلَيْهِ دَمٌ وَعُمْرَتُهُ صَحِيحَةٌ رُوِيَ أَنَّ ابْنَ عَبَّاسٍ ” سُئِلَ عَنْ امْرَأَةٍ مُعْتَمِرَةٍ وَقَعَ بِهَا زَوْجُهَا قَبْلَ أَنْ تُقَصِّرَ: قَالَ: مَنْ تَرَكَ مِنْ مَنَاسِكِهِ شَيْئًا أَوْ نَسِيَهُ فَلْيُهْرِيقَ دَمًا قِيلَ: فَإِنَّهَا مُوسِرَةٌ قَالَ فَلْتَنْحَرْ نَاقَةً ” … قَالَ التِّرْمِذِيُّ: حَسَنٌ صَحِيحٌ

If he neglects shaving or cutting his hair during his Umrah and has intercourse before that, then he must offer a blood sacrifice, but his Umrah is valid. It was narrated that Ibn Abbas was asked about a woman performing Umrah whose husband had intercourse with her before she cut her hair. He said: Whoever neglects or forgets any of his rituals, let him offer a blood sacrifice. It was said: She is wealthy. He said: Then let her slaughter a camel. At-Tirmidhi said: Hasan Sahih

[Source: Sharh Muntaha al-Iraadaat lil bahuti (1/577)] 3https://shamela.ws/book/21693/560#p1

So if one wants to be on the safe side, one can give fidya/kaffarah that is either slaughter a sheep to be distributed among the poor of the Haram (in Makkah), or fast for three days, or feed six poor persons by giving each one of them half a saa’ of wheat or other staple food.

Wallahualam. (and Allah knows best)

 

 

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