ERRORS IN HAJJ AND KAFFAARAH
Errors which happen during Hajj are called Jinaayaat. There are two types of jinaayaat:
(1) Omission of the Waajib acts of Hajj.
(2) Commission of the Hajj prohibitions.
The prohibitions of Hajj are of two kinds:
(1) The prohibitions of Ihraam.
(2) The prohibitions of the Haram Shareef (the Holy Place).
Nine errors pertain to Ihraam and two errors to Haram. Thus, there are altogether eleven errors regarding the prohibitions of Hajj. These are as follows:
(1) To apply perfume.
(2) For men to wear sewn clothes.
(3) To cover the head and f ace.
(4) To remove lice from one’s body.
(5) To kill lice.
(6) To remove hair from the body.
(7) To cut nails.
(8) To indulge in sexual relationship.
(9) To hunt or molest game (wild animals on land).
(10) To hunt in the Holy Precincts.
(11) To cut the grass or trees of the Haram.
PRINCIPLES GOVERNING THE ERRORS
There are several principles governing the errors committed. These will now be explained to facilitate better understanding of the errors.
FIRST PRINCIPLE: There are four ways in which the prohibitions of Hajj are committed:
(1) The prohibition is committed fully but because of a valid reason.
(2) The prohibition is committed partially but because of a valid reason.
(3) The prohibition is committed fully but without valid reason.
(4) The prohibition is committed partially but without valid reason.
The Hukm (effect and rule) of each of these four ways of commission is
different. The ruling applicable to each one is as follows:
(a) If the prohibition was committed fully, but because of a valid reason, Dum or Fasting or Sadqah becomes Waajib.
(b) If the prohibition was committed partially, but because of a valid reason, either Fasting or Sadqah is Waajib.
(c) If the prohibition was committed fully, but without valid reason, only Dum is Waajib. In this case there is no choice.
(d) If the prohibition was committed partially, but without valid reason, only Sadqah is Waajib. Again, here is no choice.
SECOND PRINCIPLE: Dum is one goat or one sheep or a seventh share of a cow or camel.
THIRD PRINCIPLE: A whole cow or a whole camel is incumbent on only two occasions, as follows:
(1) Making Tawaaf-e-Ziyaarat in the state of Hadth-e-Akbar, i.e. the greater impurity or janaabat.
(2) To indulge in sexual intercourse after Wuqoof-e-Arafaat, but before shaving the head.
FOURTH PRINCIPLE: All conditions and requirements applicable to Qurbaani animals apply to the Dum animals as well.
FIFTH PRINCIPLE: Sadqah in this context is half a Saa’ (approximately 2,5 kg.) of wheat or the amount which is usually paid as Fitrah.
SIXTH PRINCIPLE: The Qaarin who commits jinaayaat in Ihraam before making Umrah is liable for two penalties since he is in two states of Ihraam. The Mufrid is liable for one penalty since he is in the state of one Ihraam. However, if the Qaarin entered the Meeqaat limits without Ihraam, only one Dum will be Waajib on him.
SEVENTH PRINCIPLE: Regarding the jinaayaat of the Haram and in the penalty pertaining to game on land, there is a choice of three ways of discharging the penalty. These are:
(1) The wild animal is to be valued and if a sacrificial animal (Dum) is available for this value or price, an animal will be purchased and slaughtered.
(2) This amount may be given in charity.
(3) One may fast instead.
Any one of these three penalties will suffice. If the option of fasting is chosen, one should consult an Alim for ascertaining the method of calculating the number of fasts to be kept. This number differs.
EIGHTH PRINCIPLE: Kaffaarah (penalty or compensation) is obligatory
even if a prohibition of Ihraam is committed on account of a valid reason.
NINTH PRINCIPLE: If any act among the Waajibaat of Hajj is omitted without valid reason, penalty is incumbent.
TENTH PRINCIPLE: If any act among the Waajibaat of Hajj is omitted on account of valid reason, penalty is not obligatory.
ELEVENTH PRINCIPLE: penalty is not incumbent on a minor nor on an insane person. However, if one became insane after having entered the state of Ihraam and later regained sanity, then penalty is obligatory for any omission of Waajib acts which had occurred.
TWELFTH PRINCIPLE: If one is unable to discharge the penalty immediately, payment at a later date will be valid.
Deliberate commission of jinaayaat is a grave and major sin. Hajj is not accepted if jinaayaat are committed deliberately.
Discharging the penalty of Jinaayaat does not set one free from the sin. After payment of the penalty it is essential to make taubah (repent) and seek forgiveness from Allah Ta’ala.
(1) If one enters the precincts of the Meeqaat without Ihraam, Dum is Waajib. If the Ihraam is adopted after entering the Meeqaat, one Dum is Waajib. However, if one returns to the Meeqaat and dons Ihraam there, then the Dum penalty falls away.
(2) One who enters the Meeqaat without Ihraam, may return to the Meeqaat as long as one has not entered Makkah Mukarramah and commenced the acts of Hajj. Until such time that one Shaut of Tawaaf has not been rendered, one may return to the Meeqaat and recite the Talbiyah there. In this case the Dum penalty falls away.
(3) The penalty of a camel or Sadqah does not apply for the omission of any Waajib act of Umrah. In this case only a sheep or goat is obligatory. However, since the Ihraam of Umrah and the Ihraam of Hajj are the same, commission of the prohibitions of Ihraam will make Sadqah incumbent.
(4) If the Tawaaf of Umrah, the whole of it or part of it, even if it is just one Shaut, was performed in the state of either Hadth- e-Akbar (janaabat) or Hadth-e-Asghar (without wudhu), then Dum is Waajib.
(5) If Tawaaf-e-Qudoom, Nafl Tawaaf or Tawaaf-e-Wida’ were performed without wudhu, the Sadqah penalty is half Saa’ wheat (the amount of Sadaqatul Fitr) for every Shaut of the Tawaaf rendered without wudhu. If the amount or value of the Sadqah for all the Shauts is equal to the price of a Dum, then slightly less than the price of a Dum should be given as Sadqah. This same rule applies to less than half of Tawaaf -e-Ziyaarat made without wudhu.
(6) If the whole or the greater part of Tawaaf -e-Ziyaarat is made in the state of Hadth-e-Akbar (janaabat), the penalty is a camel or a cow.
(7) If less than half of Tawaaf -e-Ziyaarat or the whole of Tawaaf-e-Qudoom or Tawaaf-e-Wida’ or Tawaaf-e- Nafl is made in the state of Hadth-e-Akbar, the penalty of one goat is Waajib.
(8) If Tawaaf Ziyaarat was made in the state of janaabat and Tawaaf Wida’ was made in the state of tahaarat (purity) during the days of Nahr (10th, 11th, 12th), then this Tawaaf Wida will be considered to be Tawaaf Ziyaarat. Tawaaf Wida’ will have to be repeated. If it is not repeated, Dum is Waajib.