What is the Fidyah required for intentionally wearing sewn garments or Khuff (leather socks) while in Ihram, provided the person has alternative footwear?

Chapter on Ransom (Fidyah) and Penalty for Hunting

Al-Mughni

Book of Hajj

Book 11 · Issue 5 · Bab 6

Open in Qurani

Primary text

There is no dispute regarding the obligation of Fidyah upon the Muhrim who applies perfume or wears prohibited items intentionally, as this constitutes obtaining prohibited enjoyment during Ihram, thus necessitating Fidyah, analogous to shaving hair or cutting nails. The required Fidyah is a sacrifice (Dam), and this applies equally whether the amount of perfume or duration of wearing is small or large. This is the view of Al-Shafi'i.

Supporting text

Abu Hanifa holds that the Dam is not required unless a complete limb is perfumed, or the garment is worn for a full day and night; nothing is due for less time, as this does not constitute habitual wearing and is likened to using a shirt as a waist-wrap. The counter-argument asserts that whenever prohibited enjoyment is obtained, the mere act is considered, similar to sexual intercourse (Wati'), and thus the Fidyah should not be restricted by time, unlike other prohibitions. Their stipulation regarding a body part or a full day and night is considered arbitrary, as customary wearing varies among people, and stipulations require explicit textual grounding (Tawqif).