Violations & Penalties

Violations & Penalties

Violations and Penalties in Hajj and Umrah

During Hajj and Umrah, adhering to the rules of Ihram is crucial. Violations of these rules require expiation, known as Fidyah, to atone for the errors committed. This guide covers the types of penalties and the specific violations that might necessitate them.

Types of Penalties:

• Badanah: This involves offering a large sacrificial animal such as a camel or cow. This is typically required for major violations.
• Damm: This penalty involves offering a small sacrificial animal, like a sheep or goat, or paying for one-seventh of a large animal if sharing the cost.
• Sadaqah: This is generally a charitable donation of food or its equivalent value in money. The amount varies based on the severity of the violation.

Common Violations:

Violations of Ihram Prohibitions:

1. Using perfume or cutting hair.
2. Wearing stitched clothing (for men) or covering the face (for women).

Failing to Perform Obligatory Acts:

1. Not performing the Rami (pelting of the Jamarat).
2. Failing to enter into Ihram from the designated Miqat.

Transgressions in the Haram:

1. Hunting animals or cutting trees within the boundaries of the Haram.

Expiation Details:

• Entering Miqat without Ihram**: Requires Damm. Returning to the Miqat and entering Ihram can waive this penalty.

Applying Fragrances:

• Applying to large body areas requires Damm.
• For small areas, Sadaqah equivalent to Fitr is necessary.
• Using scented substances multiple times in different places can lead to multiple penalties.

Additional Notes:

• If perfume is applied before the niyyah of Ihram and remains, no penalty is due as long as it’s accidental.
• Immediate washing off of accidentally applied perfume is required to avoid penalties.
• Using unscented oil like olive or sesame oil in the nose or ears during Ihram does not incur a penalty.
• Smelling flowers is permissible but is considered disliked (makruh).

Adhering to these rules and understanding the required penalties for violations helps ensure that your Hajj or Umrah remains valid and spiritually fulfilling.

Violations and Penalties in Ihram

During Hajj or Umrah, certain actions can lead to penalties if not adhered to within the guidelines set by Islamic tradition. These actions and the corresponding penalties are detailed below:

Applying Fragrances to Clothing:

• Large amount on small area (worn for 12+ hours): Requires Damm.
• Large amount on large area (worn for less than 12 hours): Requires Sadaqah al-Fitr.

Wearing Incensed and Dyed Clothing:

• Clothes dyed with saffron or safflower (worn for 12+ hours): Requires Damm.
• Heavily incensed clothes (worn for 12+ hours): Requires Damm.
• Lightly incensed clothes: Requires Sadaqah al-Fitr.

Contact with Fragranced Objects:

Touching heavily fragranced parts of the Kaaba like Al-Hajar al-Aswad, Al-Rukn al-Yamani, or the Multazam:

• Heavy fragrance transfer**: Requires Damm.
• Light fragrance transfer**: Requires Sadaqah al-Fitr.

Using Scented Products:

• Using products where fragrance is the predominant ingredient once**: Requires Damm.
• Repeated use of lightly fragranced products**: Damm is required if the total use covers a large body area.

Applying Henna or Kohl:

• Thin application of Henna covering significant areas for 12+ hours: Requires Damm.
• Thick Henna application for less than 12 hours: Requires both Damm and Sadaqah al-Fitr.
• Using scented Kohl: Once or twice: Requires Damm.
• More than twice: Additional Damm required.

Wearing Stitched Clothing:

• Clothes stitched to fit the body (worn for 12+ hours): Requires Damm.
• Clothes stitched to fit the body (worn for less than 12 hours): Requires Sadaqah al-Fitr.

Notes:

• Fragrance applied before Ihram is allowed if unintentional.
• If fragrance is washed off immediately after application, the penalty still applies.
• For stitched clothing, the penalty is due when worn in the usual manner. If worn differently (e.g., draping a jacket over shoulders without using sleeves), no penalty is due.
• If multiple violations occur, the penalties might increase accordingly.

Violations & Penalties During Hajj and Umrah

Footwear Rules:

• Men’s Footwear: Wearing shoes or socks that cover the ankle and the top part of the foot is prohibited.
• 12+ hours: Penalty requires a Damm.
• Less than 12 hours: Sadaqah al-Fitr is due.

Covering Head/Face:

• Men: Covering the head or face with typical coverings like cloth or hat.
• 12+ hours covering quarter of face/head: Damm is due.
• Less than 12 hours: Sadaqah al-Fitr is required.
• Women: Covering the whole face or head.
• 12+ hours: Damm.
• Less than 12 hours: Sadaqah al-Fitr.

Shaving, Cutting & Removing Hair:

• Removing a quarter or more of hair on head/beard
• Voluntary removal: Damm.
• Less than a quarter: Sadaqah al-Fitr.
• Armpits, below navel: Damm if significant; Sadaqah al-Fitr if less.
• Removing hair from other body areas: Sadaqah al-Fitr generally applies.

Clipping Nails:

• Clipping all nails on both hands and feet in one session: Damm.
• Clipping less than five nails: Sadaqah al-Fitr for each nail.

Sexual Relations:

• Engaging in sexual relations during Hajj or Umrah: Various penalties, ranging from Damm to Badanah, depending on the phase of Hajj or Umrah during which the act occurs.
• Physical intimacy without intercourse (e.g., kissing, touching with lust): Damm.
• Sexual relations after specific rituals but before others (e.g., post-wuquf in Arafat): Badanah generally, depending on timing and specific conditions met.

Notes:

• Penalties for scents: Applying fragrances to the body or clothing during Ihram incurs penalties ranging from Damm to Sadaqah al-Fitr.
• Scents on Ihram garments: Immediate washing is required, penalties apply if fragrances linger.
• Unscented products: Recommended to avoid penalties; perfumed products incur penalties even if the use is unintentional.

Violations & Penalties During Hajj and Umrah

Killing Lice and Locusts

Killing more than three lice/locusts: Sadaqah al-Fitr is required. If exactly three are killed, giving a handful of wheat as Sadaqah is sufficient.

Note: If lice die as a result of washing or sun-drying clothes, no penalty is incurred due to the absence of intentional killing.

Violations of the Haram: Hunting and Vegetation

Killing a prohibited animal:

• Expiation: May require sacrificing a similar animal, or the value in charity within the Haram.
• Assisting in illegal hunting: Incurs the same penalty as the hunter.
• Damaging animals: Compensation equivalent to the injury’s value.
• Causing complete incapacitation to animals: Full value of the animal as Sadaqah.
• Killing non-harmful animals: Generally no penalty, except for protected species like lice or locusts.

Cutting Vegetation

• Unowned vegetation: Sadaqah equivalent to the value of what was cut.
• Owned vegetation: Compensation to the owner is required.
• Illegally planted vegetation: Compensation to the planter.
• Note: Cutting vegetation in the Haram is prohibited irrespective of the ownership status.

Violations of the Rites of Hajj & Umrah

Tawaf al-Umrah:

• Performing Tawaf in a state of major ritual impurity or without Wudhu: Damm is required. Performing the Tawaf again correctly waives the penalty.
• Using a wheelchair without valid reason: Damm, unless Tawaf is performed correctly afterward.
• Complete omission of Tawaf al-Umrah: Requires Damm.
• Cutting hair before completing Umrah: Necessitates two Damms if done before a second Umrah is completed.

General Penalties

• Using a wheelchair without a valid reason: If not necessary, it’s recommended to perform the ritual on foot to avoid potential penalties.

Tawaf al-Nafl and Tawaf al-Ziyarah: Violations and Expiations

Tawaf al-Nafl

• Performing less than four circuits without wudhu: Requires Sadaqah al-Fitr
• incomplete circuit. Repeating the Tawaf properly waives the penalty.
• Performing the entire Tawaf or more than four circuits without wudhu: Necessitates Damm. This penalty can be waived by redoing the Tawaf correctly.
• Omitting one to three circuits without a valid reason: Each missed circuit incurs a Sadaqah al-Fitr. The penalty is waived if the Tawaf is repeated correctly.
• Omitting four or more circuits without a valid reason: Damm is required, waived upon proper completion of the Tawaf.
• Using a wheelchair for four or more circuits without a valid reason: Incurs Damm, waived if Tawaf is correctly repeated.
• Exposing the awrah significantly: Sadaqah al-Fitr is due, waived upon correct repetition of Tawaf.
• Walking through the Hatim during Tawaf: Requires Sadaqah al-Fitr, waived if Tawaf is properly repeated.

Tawaf al-Ziyarah

• Delaying Tawaf al-Ziyarah past sunset on 12th Dhul Hijjah without valid reason: Damm is required.
• Performing less than four circuits without wudhu: Sadaqah al-Fitr for each incomplete circuit, waived if corrected.
• Performing entire Tawaf or more than four circuits without wudhu: Requires Damm, waived upon correction.
• Omitting one to three circuits without a valid reason: Sadaqah al-Fitr for each missed circuit, waived if corrected.
• Omitting four or more circuits without a valid reason: Damm is necessary, waived upon correction.
• Performing Tawaf in a state of major ritual impurity: Requires Badanah. Penalty is waived if Tawaf is repeated in a state of ritual purity.
• Having sexual relations (including kissing and touching with desire) after cutting hair but before Tawaf al-Ziyarah: Damm required, but Hajj remains valid.

General Notes

• Minor impurities on body or clothes during these Tawafs are disliked (Makruh) but do not necessitate a penalty.
• Sadaqah equivalent to a Damm should be slightly less than the Damm value to avoid equating the two.

Sa’i of Hajj and Umrah, Mina, Day of Arafat, and Night of Muzdalifah: Violations and Expiations

Sa’i of Hajj and Umrah

• Omitting all seven circuits without a valid reason: Damm is required, waived if the Sa’i is properly repeated.
• Omitting four or more circuits without a valid reason: Also incurs Damm, waived upon proper completion.
• Omitting fewer than four circuits: Each omitted circuit requires Sadaqah al-Fitr.
• Using a conveyance (e.g., wheelchair) without a valid reason: Damm is due, waived if corrected.
• Using a conveyance midway through Sa’i without a valid reason: Each incomplete circuit incurs Sadaqah al-Fitr, waived if Sa’i is properly completed.
• Notes:
• Valid use of a wheelchair (e.g., due to illness) does not incur a penalty.
• Sa’i does not require wudhu, and breaks between circuits do not incur penalties.

Mina

• Incorrect sequence of rites on the 10th of Dhul Hijjah for Hajj al-Tamattu or al-Qiran: Damm is due.
• Delaying animal sacrifice past sunset on the 12th of Dhul Hijjah: Incurs Damm.
• Inability to afford animal sacrifice: Fast for 10 days.
• Trimming or shaving hair outside the Haram’s boundaries or after sunset on the 12th without reason: Requires Damm.

Day of Arafat

• Leaving Arafat for Muzdalifah before sunset: Damm, waived if returned before sunset.
• Skipping Wuquf in Muzdalifah without valid reason: Damm, exceptions apply to women, children, the elderly, and the infirm.

Night of Muzdalifah

• Arriving after sunrise on the 10th of Dhul Hijjah: Damm is due.
• Leaving before Fajr on the 10th without a valid reason: Damm, waived if returned before Fajr.

Rami (Stoning Ritual)

• Omitting any day of pelting: Requires Damm.
• Missing up to three pebbles on the 10th or up to 10 on subsequent days: Sadaqah al-Fitr per pebble.
• Missing an entire Jamarat’s pelting on later days: Sadaqah for seven pebbles, or Damm if more than one Jamarat is missed.
• Performing Hady before pelting on the 10th: Damm.
• Pelting after sunset on the 13th: Damm.
• Pelting for another without valid excuse: Damm for the deputizer.
• Notes:
• Deputies should perform their own pelting in addition to their duties.
• It is disliked (Makruh) to avoid pelting on the 13th if still in Mina after Fajr.