Question:
What do the experts and scholars of shari’ah say regarding the following scenario? A pilgrim threw pebbles at the Jamra ‘Aqaba and then forgetfully put on stitched garments before he cut or shaved his hair. He then performed the Tawaf al-Ziyarat and Sa’i. After which he released himself from the restrictions of Ihram. What is the Kaffarah (expiation) for this action?
Answer:
All perfect praise is for Allah ﷻ, The Lord of the Worlds. I testify that there is none worthy of worship except Allah ﷻ, and that Prophet Muhammad ﷺ is His Messenger.
According to the shafi scholars, if any of the normal daily activities which are forbidden whilst in the state of ihram are done out of ignorance or forgetfulness, then no fidya is necessary. However, if they are intentionally done then there will be a fidya.
In the scenario mentioned in the question: If, after the throwing of pebbles at the Jamra A’qaba the pilgrim forgetfully or due to ignorance wore garments, then there is no issue. His Hajj is correct and there is no penalty, damm.
And Allah ﷻ knows best
This Fatwa is written by Dr. Hafiz Muhammad Munir Al-Azhari