it is necessary that the penalty for both of them becomes due, and if they occur separately, it is even more deserving that it becomes due, because the state of separation does not fall short of the state of conjunction, just like the rest of the prohibitions.

Section: If a Muhrim (pilgrim in the state of Ihram) shaves the head of a non-Muhrim or clips his nails, there is no Fidyah (expiation) upon him. This was the position of 'Ata', Mujahid, 'Amr ibn Dinar, al-Shafi'i, Ishaq, and Abu Thawr. Sa'id ibn Jubayr said regarding a Muhrim who cut the mustache of a non-Muhrim: "He must give charity equivalent to one dirham." Abu Hanifah said: "Charity is required of him, because he destroyed the hair of a human, so it resembles the hair of a Muhrim." Our position is that this is hair whose destruction is permissible, so nothing becomes due by destroying it, just like the hair of livestock.

Section: If a Muhrim shaves the head of another Muhrim with his permission, the Fidyah is upon the one whose head was shaved. The same applies if a non-Muhrim shaves it with his permission, because Allah the Almighty said: "...and do not shave your heads," and He knew that it is another person who shaves it, yet He attributed the act to him and placed the Fidyah upon him. If he shaves it while he is compelled or asleep, there is no Fidyah upon the one whose head was shaved. This was the position of Ishaq, Abu Thawr, Ibn al-Qasim (the companion of Malik), and Ibn al-Mundhir. Abu Hanifah said: "The Fidyah is upon the one whose head was shaved." There is a report from al-Shafi'i similar to both schools. Our position is that he did not shave his head nor was it shaved with his permission, so it resembles a case where hair falls off by itself. When this is established, the Fidyah is upon the shaver, whether he was a non-Muhrim or a Muhrim. The Ashab al-Ra'y (the Hanafi school) said: "There is charity upon the non-Muhrim." 'Ata' said: "The Fidyah is upon both of them." Our position is that he removed what was forbidden to be removed on account of the state of Ihram, so the Fidyah for it is upon him, like a Muhrim who shaves his own head.

Section: If he plucks a piece of skin that has hair on it, there is no Fidyah upon him, because it was removed as something secondary to something else, and that which is secondary is not indemnified, just as if he were to pluck the eyelashes of a person, he would not be liable for their eyelashes.