كتاب 20
20
Book 20
(20)
Chapter 20
(20)
باب 20
Muwatta Malik 987
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."
| Reference | : Muwatta Malik 987 |
| In-book reference | : Book 20, Hadith 35165 |
| USC-MSA web (English) reference | : Book 7, Hadith 987 |
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