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Chapter: Laws of haj

Laws of haj | 5. Penalty in haj

Explanationof the penalties of Shariah that may occur during the Hajj
Dam (penalty): That is a Lamb, male or female sheep, goat, and including the seventh part of a Cow or Camel.
Budnah: that is. Camel or Cow. Here oxen and bull are included.
It should be remembered that the cow, lamb etc. are subject to the same conditions as for Sacrifice (Qurbani).
Sadaqah means equal to the measure of Sadaqah .Fitr or cash amount equal to this.
Question: If a Haji cuts his nails on the first of Dhu Al-Hijja, does a Kaffarah applicable to him. Please explain.
Answer:Syed Ziauddin may blessings be upon him (Sheikh ul-Fuqha Jaamiah Nizamiah, Hyderabad Deccan, India) has written in one of his Fatawa: After wearing Ihram, the deeds becoming haraam (prohibited) for him are including the cutting of nails. If anyone in the state of Ihram cuts nails of his hands and toes in one sitting or cuts the nails of one hand and one toe in one sitting, then one Dam (penalty) becomes wajib (obligatory) on him. If nails of one hand and one toe in one sitting, and nails of another hand and another toe cuts in another sitting, then two Dams (penalties) become wajib (obligatory) for him, and if he cuts all the nails of the two hands and two toes in four sittings, then four Dams (penalties) become wajib (obligatory) on him. If the nails of less than five fingers are cut then for every finger’s nail, one half sa’a or approximately 1¼ Kilo wheat or its cost must be given as a sadaqah. If nails of four fingers of both the hands and legs are cut, then 16 Sadaqah become wajb (obligatory) on him. If the cost of these sadaqas comes equal to the cost of a Dam, then reduce them somewhat.
It has been mentioned in Aalamgiri, Volume 1, Page 244 that : If any person is in the state of Ihram, may it be for Hajj Qiran, or for umrah, he is required to follow all the restrictions. During this time, if the 1st of Dhu Al-Hijja occurs, in the state of Ihram there would be a prohibition to cut the nails. If any Haji is performing Hajj e  Tamatto, and has removed Ihram after performing umrah then, form him there would be no kaffarah or any objection for cutting the nails.  However, due to the sacrifice becoming wajib and those who give sacrifice, for them from the 1st of Dhu Al-Hijja till they give the sacrifice, as per the hadit sharif, it is better for them not to cut the nails. However, after removing the Ihram for Hajj, cutting the nails and the hair are observed carefully. Thus Allahuta’la says: “Then remove your dirt and soil…..” (Surah Al-Hajj Verse 29) In the Tafsir of this holy verse, Mufassirin kiraam has explained cutting of nails, reducing of moustache and removing of hair. (Tafsir Qurtubi etc. (Surah Al-Hajj, Verse 29)  Allah knows best.
Question:A resident of Makkah Mukarramah, wore Ihram at the Haram Sharif, for Umrah. Is his act correct? If not, then what should he do? Please give guidance according to the Shariah.
Answer:Syed Ziauddin may blessings be upon him (Sheikh ul-Fuqha Jaamiah Nizamiah, Hyderabad Deccan, India) has written in one of his Fatawa To wear Ihram for the resident of Makkah Mukarrah  the Meeqat is “Hal” Hence, for this type of a person it is required for him to come out of the limits of the Haram to wear Ihram, though he may or may not be the resident of Makkah, being in the holy Haram Sharif if someone wears Ihram as per the shariah law it is considered a crime. If someone present at the holy Makkah, wears Ihram while being in the Haram Sharif, as per the Shariah, a Dam on him becomes wajib (obligatory).  Allah know best.