or if he wears leather socks, he takes them off and there is nothing upon him. There is another narration from him that he owes a fidyah in all cases. This is the school of Malik, al-Layth, al-Thawri, and Abu Hanifah, because he has violated the sanctity of ihram, so his intentional act and his oversight are equal, just like shaving hair and clipping nails. Our position is the generality of his saying, peace be upon him: "My community is pardoned for error, forgetfulness, and what they are compelled to do." Ya'la ibn Umayyah narrated that a man came to the Prophet (may Allah bless him and grant him peace) while he was at al-Ji'ranah, wearing a jubbah (outer garment) and bearing the trace of khaluq (a yellow perfume) or he said: the trace of saffron. He said: "O Messenger of Allah, how do you command me to act regarding my 'umrah?" He said: "Remove this jubbah from you, and wash from yourself the trace of this khaluq"—or he said: "the trace of saffron—and do in your 'umrah as you do in your hajj." This is agreed upon. In one narration, he said: "O Messenger of Allah, I entered into ihram for 'umrah while I was wearing this jubbah." He did not command him to pay a fidyah despite his asking about what he should do, and delaying the explanation beyond the time of need is unanimously impermissible. This indicates that he pardoned him due to his ignorance, and the ignorant and the forgetful are the same. Furthermore, Hajj is an act of worship for which a kaffarah (expiation) is required if it is corrupted; thus, [among its prohibited acts are those] that distinguish between intentional and unintentional, like fasting. As for shaving and killing game, it is an act of destruction that cannot be rectified, [whereas in our issue, it is a form of luxury; if he is forgetful, he did not intend it, and it is possible to rectify it] by removing it. Once this is established, when the forgetful person remembers, he must wash off the perfume and remove the clothing immediately. If he delays this beyond the time of possibility, he owes a fidyah. If it is said: Why is it not permissible for him to continue wearing the perfume here, like one who applies perfume before his ihram? We say: Because that is a recommended act, so he is permitted to continue it, while here he is a muhrim (pilgrim in state of ihram), and its ruling was merely suspended due to forgetfulness or ignorance; once that ceases, its ruling becomes apparent. If he is unable to remove it due to coercion, an illness, or because he cannot find anyone to remove it, and similar cases, then there is no fidyah upon him, and he is treated like one who is coerced into using perfume from the outset. The ruling for the ignorant person once he learns is the ruling of the forgetful person once he remembers, and the ruling of the coerced is the ruling of the forgetful; for whatever is pardoned due to forgetfulness is also pardoned due to coercion, as they are paired in the hadith indicating pardon for both. Regarding al-Khiraqi’s statement: "and proceeds to the talbiyah," it means he should recite the talbiyah when he remembers, as a reminder to himself of the Hajj that he had forgotten, and as an expression of his commitment to it and his return to it. This is an opinion narrated from Ibrahim al-Nakha'i.

682 - Issue: He said: (And if he stays at 'Arafat during the day, or departs before the Imam, he owes a dhuww).

The entirety of this is that whoever stays at 'Arafat on the day of 'Arafat during the day is required to remain there until the sun sets, so as to combine the night and the day in the stay. If he departs before sunset and does not return until the sun has set, he owes a dhuww. Al-Shafi'i said: That is not mandatory, and he owes no dhuww if he departs before sunset, citing the hadith of 'Urwah ibn Mudarris, and because he obtained a part of the stay that suffices him, resembling the case if he were to only reach the night portion. Our position is that the Prophet (may Allah bless him and grant him peace) stayed until the sun set without any disagreement, and he said: "Take your rituals from me." If he abandons this, a dhuww becomes incumbent upon him, according to the statement of Ibn 'Abbas, and because it is a rukn (essential pillar) that he did not perform in the prescribed manner, so a dhuww is incumbent upon him, just as if he entered ihram from inside the miqat. Their hadith indicates the sufficiency of the act, and the discussion is regarding...