Who bears the penalty (Fidya) if a non-Muhrim (Halal) shaves the head of a Muhrim with his permission?

Chapter on Ransom (Fidyah) and Penalty for Hunting

Al-Mughni

Book of Hajj

Book 11 · Issue 2 · Bab 6

Open in Qurani

Primary text

The Fidya is incumbent upon the one whose head was shaved, regardless of whether the shaver was in the state of Ihram (Muhrim) or not (Halal), provided it was done with the permission of the one being shaved. This is because the act involved removing something prohibited for the person in Ihram, thus necessitating the penalty upon him, similar to when a Muhrim shaves his own head.

Supporting text

The companions of Abu Hanifa state that the non-Muhrim (Halal) shaver owes charity (Sadaqah). 'Ata stated that both the shaver and the shaved owe the Fidya.