Who bears the penalty (Fidya) if a Muhrim shaves the head of another Muhrim without his permission (i.e., under compulsion or while asleep)?

Chapter on Ransom (Fidyah) and Penalty for Hunting

Al-Mughni

Book of Hajj

Book 11 · Issue 3 · Bab 6

Open in Qurani

Primary text

If the shaver acts under compulsion (Mukrah) or while the person whose head is shaved is asleep, there is no Fidya incumbent upon the person whose head was shaved. This view is held by Ishaq, Abu Thawr, Ibn al-Qasim (the companion of Malik), and Ibn al-Mundhir.

Supporting text

Abu Hanifa holds that the Fidya is incumbent upon the one whose head was shaved. A narration from Al-Shafi'i supports both opinions mentioned above (the main ruling and the ruling of Abu Hanifa).