Question:
What are the common breaches during Hajj and Ihram that require a Dum (penalty sacrifice), and what is the evidence from the Qur’an and books of Fiqh?
Answer:
During Hajj and whilst in the state of Ihram, certain acts are prohibited and certain are necessary to perform. If a pilgrim violates these rules, a dum (penalty sacrifice), charity, or fasting may become necessary according to the severity of the violation.
Allah Almighty says: “And Perform Hajj and Umrah for the sake of Allah … Do not shave your heads until your offering has reached the place of sacrifice” (al-Baqarah 2:196)
The jurists have explained these rulings in detail in classical books of fiqh such as Al-Hidayah, Bada’i al-Sana’i, Radd al-Muhtar, and Al-Lubab.
The following are common breaches that require a dum according to Hanafi fiqh:
- Applying perfume intentionally after entering Ihram in a significant amount.
- Covering the head or face for a substantial period without a valid excuse.
- Wearing stitched clothing by a male pilgrim during Ihram.
- Shaving or cutting hair before the proper time.
- Cutting nails in a significant manner during Ihram.
- Leaving a wajib act of Hajj, such as:
- Staying in Muzdalifah
- Performing Rami
- Performing Sa‘i
- Tawaf al-Wada‘
Imam al-Maydani states in Al-Lubab: “Whoever leaves a necessary act (wajib) from the necessities of Hajj, then dum is obligatory upon him.”
- Delaying Tawaf al-Ziyarah beyond its prescribed time without excuse.
- Hunting land animals while in Ihram. Allah ﷻ says: “Believers, don’t hunt and kill animals while you are in the sanctified state of pilgrims.” (al-Ma’idah 5:95)
- Crossing the Miqat without entering Ihram and not returning to the Miqat.
Imam al-Kasani states in Bada’i al-Sana’i: “Removing hair, applying perfume, or committing similar violations in Ihram necessitates compensation.”
The dum usually consists of sacrificing a sheep or goat within the Haram of Makkah and distributing the meat to the poor. Therefore, pilgrims should learn the rulings of Hajj carefully before travelling to avoid violations and perform Hajj correctly.
واللہ أعلم بالصواب
This fatwa is written by Dr. Hafiz Muhammad Munir Al-Azhari