Is a fine (*fidya*) due if a pilgrim carries a load or tray upon their head while in the state of Ihram?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
No fine (*fidya*) is due if a pilgrim carries a load, tray, or similar object upon their head while in Ihram. This view is held by Atta and Malik. The reasoning is that carrying such an object is not usually intended for covering the head, and therefore does not necessitate the fine, similar to placing one's hand upon the head. Furthermore, whether covering was intended or not does not alter the ruling regarding the fine, as what necessitates the fine is not dependent on intention, nor is what does not necessitate it.
Supporting text
Al-Shafi'i holds that the fine is due because carrying the object is considered a form of covering. Ibn Aqil chose the view that the fine is due if the covering was intended, asserting that stratagems do not nullify established rights.