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Hadith 34724
Yahya related to me from Malik from Ayyub ibn Abi Tamima as-
Sakhtayani from Said ibn Jubayr that Abdullah ibn Abbas said, "If
someone forgets anything of the rituals or omits them intentionally,
he must slaughter an animal." Ayyub added "I do not know if he said
'Omits' or 'forgets'."
Malik said, "If it is a hady that has
to be slaughtered it may only be done in Makka, but if it is a
sacrifice, it may be slaughtered wherever the one who owes the
sacrifice prefers."
Muwatta Malik Book 20, Hadith 252
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Yahya related to me from Malik that Ata ibn Abdullah al-Khurasani
said that an old man from Suq al-Buram in Kufa had related to him that
Kab ibn Ujra said, "The Messenger of Allah, may Allah bless him and
grant him peace, came to me while I was blowing under a cooking pot
belonging to my companions and my head and beard were full of lice. He
took my forehead and said, 'Shave your hair and fast three days or
feed six poor people.' The Messenger of Allah, may Allah bless him
and grant him peace, was aware that I did not have anything with me to
sacrifice.'"
Malik said, concerning paying compensation
(fidya) for the relief of physical discomfort, "The custom concerning
it is that no one pays compensation until he has done something which
makes it obligatory to pay compensation just as making amends
(kaffara) is only done when it has become obligatory for the one who
owes it. The person can pay the compensation wherever he wishes,
regardless of whether he has to sacrifice an animal or fast or give
sadaqa -- in Makka or in any other town."
Malik said, "It is
not correct for a person in ihram to pluck out any of his hair or to
shave it or cut it until he has left ihram, unless he is suffering
from an ailment of the head, in which case he owes the compensation
Allah the Exalted has ordered. It is not correct for a person in ihram
to cut his nails, or to kill his lice, or to remove them from his head
or from his skin or his garment to the ground. If a person in ihram
removes lice from his skin or his garment, he must give away the
quantity of food that he can scoop up with both hands. "
Malik said,"Anyone who, while in ihram, plucks out hairs from his nose
or armpit or rubs his body with a depilatory agent or shaves the hair
from around a head wound out of necessity or shaves his neck for the
place of the cupping glasses, regardless of whether it is in
forgetfulness or in ignorance, owes compensation in all these
instances, and he must not shave the place of the cupping glasses.
Someone, who, out of ignorance, shaves his head before he stones the
jamra. must also pay compensation." Muwatta Malik Book 20, Hadith 251
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Malik said, concerning someone who wishes to wear clothes that a
person in ihram must not wear, or cut his hair, or touch perfume
without necessity, because he finds it easy to pay the compensation,
"No-one must do such things. They are only allowed in cases of
necessity, and compensation is owed by whoever does them."
Malik was asked whether the culprit could choose for himself the
method of compensation he makes, and he was asked what kind of animal
was to be sacrificed, and how much food was to be given, and how many
days were to be fasted, and whether the person could delay any of
these, or if they had to be done immediately. He answered, 'Whenever
there are alternatives in the Book of Allah for the kaffara, the
culprit can choose to do whichever of the alternatives he prefers. As
for the sacrifice - a sheep, and as for the fasting - three days. As
for the food - feeding six poor men, for every poor man two mudds, by
the first mudd, the mudd of the Prophet, may Allah bless him and grant
him peace."
Malik said, "I have heard one of the people of
knowledge saying, 'When a person in ihram throws something and hits
game unintentionally and kills it, he must pay compensation. In the
same way, someone outside the Haram who throws anything into the Haram
and hits game he did not intend to, killing it, has to pay
compensation, because the intentional and the mistaken are in the same
position in this matter.' "
Malik said, concerning people who
kill game together while they are muhrim or in the Haram, "I think
that each one of them owes a full share. If a sacrificial animal is
decided for them, each one of them owes one, and if fasting is decided
for them, the full fasting is owed by each one of them. The analogy of
that is a group of people who kill a man by mistake and the kaffara
for that is that each person among them must free a slave or fast two
consecutive months."
Malik said, "Anyone who stones or hunts
game after stoning the jamra and shaving his head but before he has
performed the tawaf al-ifada, owes compensation for that game, because
Allah the Blessed, the Exalted said, 'And when you leave ihram, then
hunt,' and restrictions still remain for someone who has not done the
tawaf al-ifada about touching perfume and women."
Malik said,
"The person in ihram does not owe anything for plants he cuts down in
the Haram and it has not reached us that anyone has given a decision
of anything for it, but O how wrong is what he has done! "
Malik said, concerning some one who was ignorant of, or who forgot the
fast of three days in the hajj, or who was ill during them and so did
not fast them until he had returned to his community, "He must offer a
sacrificial animal (hady) if he can find one and if not he must fast
the three days among his people and the remaining seven after that." Muwatta Malik Book 20, Hadith 253