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
(1) Omitted from: B, M. (2) Its verification has preceded on page 272. (3) Its verification has preceded on page 240. (4) In the original: "from" (min).
