Compensation

Compensation

source :Osoul Global Center

A compensation is due if a person commits an offence during Pilgrimage like cutting hair or wearing tailored clothes. Sexual intercourse before the first release from consecration renders Pilgrimage invalid.   

Compensation

These are the obligations a pilgrim should offer in compensation for violating one of the restrictions during the pilgrimage, or neglecting any of its essentials or duties. These compensations are as follows:

1- Compensation for omitting some duties of the pilgrimage, such as not stoning or not entering into consecration at the point allocated for his place of start. Any of these omissions requires the sacrifice of one sheep, or its equivalent, which is determined at one-seventh of a camel or cow. A pilgrim who cannot afford or cannot find such a sacrifice must fast three days during the pilgrimage and seven days when he has returned home.

:Allah says

‘He who takes advantage of performing the 'umrah before the pilgrimage shall make whatever offering he can easily afford; but he who lacks the means shall fast three days during the pilgrimage and seven more days on returning home; that is, 10 days in all. All this applies to those whose families are not resident in the vicinity of the Sacred Mosque’

(2:196)

It is recommended that the three days during the pilgrimage should be before the day of attendance at Arafat. If one misses out on this and fasts during the Tashriq days, this is acceptable. If one delays fasting until the Tashriq days are over, he is in error and the fasting is considered to be compensatory. This ruling outlines an order of priority. The compensation is to sacrifice, and this must be done except when one cannot find a sheep to sacrifice or cannot afford it. Only then can he fast instead. 

2- Compensation for inability to continue with the pilgrimage journey. This takes place if something happens to stop the pilgrim and prevent him from reaching Makkah after the pilgrim has started his journey and entered into the state of consecration. It could be if an enemy stops Muslims from reaching Makkah, or a pilgrim is unjustly arrested, or if he falls ill and his illness is aggravated by movement, or if his money is lost and he cannot pay his expenses, etc. This also applies to someone who starts on his journey having violated the local travel regulations and the security officers at the checkpoint stop him from continuing with his journey. He is, therefore, obliged to go back.

The compensation due is to slaughter a sheep, or its equivalent as mentioned earlier.

:Allah says

 ‘But if you are prevented, then [offer] what can be obtained with ease of sacrificial animals.’

(2:196)

3- Compensation for the violation of restrictions. This is the sacrifice that becomes due when a restriction associated with the state of consecration is violated, apart from sexual intercourse, killing an animal of game and making a marriage contract. Examples of such violations are having a haircut, wearing tailored clothes, clipping one’s nails, wearing perfume, etc.

Compensation for any such violation is to sacrifice a sheep or feed six persons or fast for three days. It is up to the pilgrim to choose which of these three compensations he offers.

:Allah says

‘If any of you is ill or suffers from an ailment of the head, [making shaving necessary must offer], he shall redeem himself by fasting, or alms, or sacrifice’

(2:196)

The Prophet (peace be upon him) asked Ka'b ibn 'Ujrah when he saw lice falling from his head over his face:

‘Are you troubled by these?’ He affirmed that he was. The Prophet (peace be upon him) said: ‘Then shave your head and fast three days, or feed six poor people or sacrifice a sheep’

4- Compensation for killing game. This applies more widely than actually killing animals of game; it applies to a pilgrim who helps to kill such animals, even by only indicating where the animal is hiding, or handing something to the one who kills the animal, etc. If animals like the killed one are available, he must sacrifice a similar animal and give its meat to the poor in the Haram area.

:Allah says

‘O you who have believed, do not kill game while you are in the state of ihram.  And whoever of you kills it intentionally - the penalty is an equivalent from sacrificial animals to what he killed, as judged by two just men among you, as an offering [to Allah ] delivered to the Ka'bah, or an expiation: the feeding of needy people or the equivalent of that in fasting, that he may taste the consequence of his deed.’

(5:95)

 This means that the person concerned may opt for the alternative of buying food to give to the poor of the Haram area, to the same amount as the value of the killed game animal. Alternatively, he may fast a number of days. The number is determined by fasting one day for the portion that is sufficient for one person of the food he needs to buy. If the killed animal does not have similar ones, it is valued and the estimated sum is used to buy food for the poor, or the person concerned fasts instead.

5- Compensation for sexual intercourse. If a pilgrim has sexual intercourse with his wife before his first release from consecration, his pilgrimage is rendered invalid. He has to atone for his grave error by sacrificing a camel. If he cannot, then a cow can be substituted.

As we see, in all this the compensation may be fasting, donation or sacrifice.

:As Allah says

‘And whoever among you is ill or has an ailment of the head, [making shaving necessary must offer] a ransom of fasting, [three days] or charity or sacrifice.’

(2:196)

Compensation is due in two situations: 

1) Violation of a prohibition without a valid reason. In this case, the compensation is required.

2) the violation is done for a valid reason, and this requires compensation but no sin is incurred. If sacrifice is chosen for compensation, the sacrificed animal must be free of any physical defect, such as being lame or one-eyed or ill. If the sacrifice is in compensation for violation of restriction, the person concerned may not partake of its meat. If it is for the pilgrimage, or voluntary, he may eat some of it. Sacrifices may be slaughtered anywhere in the Haram area, except in the case of inability to continue one’s journey. In this case, the sacrifice is offered at the place where the pilgrim is stopped. 

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