Is the choice among the three prescribed options for expiation mandatory even if the shaving was done without a valid excuse?

Chapter on Ransom (Fidyah) and Penalty for Hunting

Al-Mughni

Book of Hajj

Book 11 · Issue 3 · Bab 6

Open in Qurani

Primary text

The choice among the three prescribed options—fasting, feeding, or sacrificing—is permissible for the person to perform, regardless of whether they had an excuse, acted intentionally, or erred. This is the established position of Malik and Al-Shafi'i, as the command uses wording indicating choice (takhyir). The basis is that the ruling for the excused person serves as the fundamental basis, and the application to the unexcused person follows by textual implication (Tanbih), meaning the subsidiary ruling cannot contradict the original. Furthermore, in any expiation where choice is established when the cause is permissible (like hunting for necessity), choice remains established when the cause is prohibited.

Supporting text

There is another opinion attributed to Ahmad, and it is the Madhhab of Abu Hanifa, that if one shaves without a valid excuse, the required expiation is the sacrifice (Dam) alone, without the option of choosing. They argue that the Divine choice was conditional upon the presence of an excuse, and when the condition is absent, the choice itself must cease.