Rulings on the Hady and ʾUḍḥīyyah – Dr. Ṣaleḥ al-Ṣaleḥ, Part One, transcribed notes by Umm Ṣafūrā b. As-Sa’adīyyah(The rest of the parts are to be uploaded soon with the PDF)
Important Benefits of the Hady
It is the animal offering to the Ḥaram meaning to the poor of the Ḥaram area of Makkah, the animal can be a camel, cow, goat or sheep, depending on the case.
The Hady can be optional, in the farewell pilgrimage he offered camels, cows on behalf of his wives as reported in the Ṣaḥīḥayn (al-Bukhārī and Muslim). It can be an obligation for abandoning an obligatory act in Ḥajj. It is one of the three choices due upon the one who commits one of the unlawful acts in Ḥajj:
وَأَتِمُّوا الْحَجَّ وَالْعُمْرَةَ لِلَّـهِ ۚ فَإِنْ أُحْصِرْتُمْ فَمَا اسْتَيْسَرَ مِنَ الْهَدْيِ ۖ وَلَا تَحْلِقُوا رُءُوسَكُمْ حَتَّىٰ يَبْلُغَ الْهَدْيُ مَحِلَّهُ ۚ فَمَن كَانَ مِنكُم مَّرِيضًا أَوْ بِهِ أَذًى مِّن رَّأْسِهِ فَفِدْيَةٌ مِّن صِيَامٍ أَوْ صَدَقَةٍ أَوْ نُسُكٍ ۚ فَإِذَا أَمِنتُمْ فَمَن تَمَتَّعَ بِالْعُمْرَةِ إِلَى الْحَجِّ فَمَا اسْتَيْسَرَ مِنَ الْهَدْيِ ۚ فَمَن لَّمْ يَجِدْ فَصِيَامُ ثَلَاثَةِ أَيَّامٍ فِي الْحَجِّ وَسَبْعَةٍ إِذَا رَجَعْتُمْ ۗ تِلْكَ عَشَرَةٌ كَامِلَةٌ ۗ ذَٰلِكَ لِمَن لَّمْ يَكُنْ أَهْلُهُ حَاضِرِي الْمَسْجِدِ الْحَرَامِ ۚ وَاتَّقُوا اللَّـهَ وَاعْلَمُوا أَنَّ اللَّـهَ شَدِيدُ الْعِقَابِ ﴿١٩٦﴾
“And perform properly the Ḥajj and ʿUmrah for Allāh but if you are prevented from completing them, sacrifice a Hady (an offering) such as you can afford… if he cannot afford it he should observe ṣawm, three days (during the Ḥajj) and seven days after Ḥajj (making 10 days).”
Al-Baqarāh verse 2
If he is unable to slaughter a Hady (unable to afford it) and unable to fast then there is nothing upon him.
This Hady, for the Ḥajj, Ḥajj-at-Tamattuʿ and al-Qirān is a Hady of thankfulness, gratitude because of the completion…
This covers two conditions:
First, he cannot find the Hady, the second situation he finds the Hady but he does not have the money, even if he is able to find someone to give him a loan for it, he is not to take it.
On the other hand, he may not have the price, but he is rich however he did not have the money because he lost it or it was stolen, some of the scholars say that he is considered from those who cannot afford it. They must resolve to fast (the second requirement), our Shaykh () said he may borrow and doesn’t have to fast.
Question: If he cannot afford due to any of the reasons not mentioned, when should he fast? IT is better that he fasts the three days of Tashrīq, the 11th , 12th and the 13th, while in Ḥajj and seven when he returns.
It is permissible to fast the three days before the days Tashrīq, if he does it before he may fast them consecutively or every other day if he wishes. However, if he fasts them days of Tashrīq then it is a must that they should be consecutive, because he will complete Ḥajj, and he is to finish in the days of Ḥajj.
The one who is prevented then there is an obligation of Hady upon him, referring to the verse above, “If he prevented due to an illness or time wise, etc. (prevented from entering Makkah) then he is obligated to perform the Hady…” If he cannot afford it, then the Hady is waived. If he is capable then it is a must.
Expiation for abandoning an obligation:
Then it is from the cattle, it is to be offered to the poor of the Ḥaram. And if he is unable to afford this compensation there is no evidence that he must fast. This is in regards to abandoning an obligation, if he abandons the casting of pebbles, then he must offer a sacrifice from the cattle, if he is unable then there is no evidence to fast the 10 days. As for the expiation due to violating the prohibited matters in Ḥajj then the expiation either a camel or a sheep, depending on the type of violation as explained in the chapter on violating prohibited matters in Ḥajj.
This slaughtering of expiation is permissible in the place where the violation took place and distributed in the same place or it may be done in the Ḥaram and distributed in the Ḥaram except for the expiation for the game then it is a must that it be slaughtered in the Ḥaram and distributed in the Ḥaram. (Except for the violation of game killing, then it must be done in the Ḥaram and distributed there).
The expiation for violations:
The expiation for violations and for abandoning the obligations should be given in charity and he cannot eat from them as for the sacrificial of gratitude at-Tamattuʿ and al-Qirān then its ruling is that he eats from it and gives a gift, and gives charity to the people of the Ḥaram only. Also, for the one who violated the obligation, slaughter that has to be performed should take place at the same place the prevention took place however, if he wants to move it to the Ḥaram then there is no problem with that.
The one who violates and abandons the obligation should give in charity (the sacrifice) to the people of the Ḥaram area.
The poor of the Ḥaram:
The Ḥaram boundary of Makkah, this covers areas in Makkah the inside and outside, but all within the Ḥaram boundary only.
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