ShamelaTranslate
Search
Sign in
ShamelaTranslate

© 2026 ShamelaTranslate. Scholarly Open-Access Project.

AboutContactDonateImprintPrivacyTermsRight of WithdrawalCancel a subscription
Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 5 · Page 349Section

Translation · EN

it [the hadith] involves one tawaf and one sa'y. He [the Prophet] called them two tawafs, for the sa'y is [also] called a tawaf; Allah the Almighty said: {There is no sin upon him to perform tawaf between them} [Surah al-Baqarah 158]. It is also possible that he intended: 'He has two tawafs to perform; the tawaf of visitation (ifadah) and the tawaf of farewell.'

Section: If the qarin (pilgrim performing qiran) kills game, he is liable for one penalty (jaza'). Ahmad explicitly stated this, saying: 'If a qarin kills game, he is liable for one penalty.' And those [opposing scholars] say: 'There are two penalties for that.' Therefore, it would be incumbent upon them to say: 'For game in the sanctuary (Haram), there are three [penalties].' Because they say: 'In the territory outside the sanctuary (Hill), there are two.' So in the sanctuary, it ought to be three. This is the opinion of Malik and al-Shafi'i. The scholars of opinion (Ashab al-Ra'y) said: 'He is liable for two penalties.' Al-Qadi said: 'If we say he is liable for two tawafs, then two penalties become incumbent upon him.' Our evidence is the saying of Allah the Almighty: {And whoever among you kills it intentionally, then the penalty is equivalent to what he killed of livestock} [Surah al-Ma'idah 95]. Whoever makes two penalties obligatory has made two equivalents obligatory. Also, because it is a single piece of game, so it is not mandatory to have two penalties for it, just as if a muhrim (pilgrim in state of ihram) killed game in the sanctuary. Furthermore, it does not exceed two muhrims who killed a piece of game, where they are only liable for one ransom, likewise if a muhrim and a non-muhrim (halal) killed game in the sanctuary.

Section: If the qarin ruins his ritual (nusuk) through sexual intercourse, he is liable for one ransom (fida'). This is the opinion of Ata', Ibn Jurayj, Malik, al-Shafi'i, Ishaq, and Abu Thawr, and the blood (dam) of qiran is not waived. Al-Hakam said: 'He is liable for two sacrificial animals (hady).' It is deduced for us that he would be liable for a camel and a sheep if we say that two tawafs are incumbent upon him. The scholars of opinion said: 'If he has intercourse before the standing at Arafat, his ritual is corrupted, and he is liable for two sheep for the Hajj and Umrah, and the blood of qiran is waived from him.' Our evidence is that the Companions, may Allah be pleased with them, who were asked about one who ruined his ritual, did not command him except with one ransom and did not differentiate. Also, because it is one of the three rituals, it is not mandatory to have more than one ransom for its corruption, just as in the others, and the remaining prohibited acts of ihram, such as wearing [perfumed or sewn clothes], using perfume, and other things, do not require more than one ransom for each of them.

Notes

(16) Surah al-Baqarah 158. (17) Surah al-Ma'idah 95. (18) In the Original: "minhuma" (from both).

PreviousVolume 5 · Page 349Next
Previous5·349Next