Chapter: The Fidyah (Expiation) and Compensation for Hunting

677 - Issue: He said: (Whoever shaves four hairs or more, whether intentionally or by mistake, must fast three days, or feed three sa's of dates to six poor people, or slaughter a sheep; whichever of these he does is sufficient for him.)

The discussion regarding this issue is in six sections: The first section is that a pilgrim is liable for a Fidyah if he shaves his head, and there is no disagreement regarding this. Ibn al-Mundhir said: The scholars are in consensus on the obligation of the Fidyah for anyone who shaves while in a state of Ihram without a valid ailment. The primary basis for this is the saying of the Almighty: "And do not shave your heads until the sacrificial animal reaches its destination. And whoever among you is sick or has an ailment of the head [making shaving necessary], then an expiation of fasting, or charity, or a sacrifice is required." The Prophet (peace and blessings of God be upon him) said to Ka'b ibn 'Ujrah: "Perhaps your lice are troubling you?" He said: "Yes, O Messenger of God." The Messenger of God (peace and blessings of God be upon him) then said: "Shave your head, fast for three days, feed six poor people, or sacrifice a sheep." It is unanimously agreed upon. In another narration: "Or feed six poor people, for each poor person a half-sa' of dates." There is no difference in this regard between removing hair by shaving, using depilatory cream (nurah), cutting it, or otherwise; we know of no disagreement concerning this. The second section is that there is no difference between the intentional and the unintentional, nor between one who has a valid excuse and one who does not, according to the apparent position of the school (Madhhab). This is the position of al-Shafi'i, and a similar view is narrated from al-Thawri. There is another opinion (wajh) that there is no Fidyah for one who forgets, which is the opinion of Ishaq and Ibn al-Mundhir.