Where must the expiation (Fidya) for head shaving be distributed?

Chapter on Ransom (Fidyah) and Penalty for Hunting

Al-Mughni

Book of Hajj

Book 11 · Issue 9 · Bab 6

Open in Qurani

Primary text

The expiation for harm related to head shaving may be distributed in the place where the hair was shaved. This is the explicit position of Ahmad. This is supported by the command given to Ka'b ibn 'Ujrah regarding expiation in Hudaybiyyah without ordering it sent to the Haram. Furthermore, accounts indicate that Ali slaughtered a camel for Husayn ibn Ali as expiation for shaving his head in Al-Suqya, with no known opposition among them. The verse regarding expiation is in reference to Hady, and the apparent meaning of Al-Kharqi's words restricts this specific ruling to hair shaving, while other blood sacrifices must be made in Makkah.

Supporting text

Al-Qadi states that the blood money due for prohibited acts like wearing clothes or using perfume is treated like the expiation for shaving the head. There are two narrations concerning all of these: one is that the expiation is offered wherever the cause occurred, and the second is that the location for all is the Haram. As for Jaza' al-Sayd (compensation for hunting), it is exclusively for the poor of the Haram, as text by Ahmad specifies, because Allah says, "as a Hady reaching the Ka'bah." Another narration mentioned by Al-Qadi regarding hunting compensation suggests it should be offered where the killing occurred, but this contradicts the explicit text and Ahmad's differentiation between it and head shaving. Compensation for abandoning a rite or Fawat is for the poor of the Haram only, as it is Hady due for abandoning a rite, resembling the Hady of Qiran. If a prohibited act for which there is no permissible exception is committed, Ibn Aqil states its slaughter and distribution of meat is restricted to the Haram, like all other Hady.