فصل [في الجنايات]

إذاإذاIfContextual gloss

If the muḥrim perfumes a limb, a blood sacrifice (dam) is due—namely a sheep; if it is less [than a limb], ṣadaqah is due—namely half a ṣāʿ of wheat.

وإنوإنAnd ifContextual gloss

If he dyes his head with henna, a dam is due; if he smears it [with a thick paste], two dams are due.

وإنوإنAnd ifContextual gloss

If he anoints with oil, or wears tailored [clothing] for a day, or covers his head for a day, or shaves a quarter of his head, or a quarter of his beard, or his whole nape, or one of his armpits—a dam is due.

وإنوإنAnd ifContextual gloss

If, taken together, it is less [than those measures], ṣadaqah is due.

وإنوإنAnd ifContextual gloss

If he clips something from his moustache, the ruling is referred to just arbiters (ḥukūmat ʿadl).

وإنوإنAnd ifContextual gloss

If he shaves cupping sites, or clips all his nails—or a quarter of them—in one sitting, a dam is due; if he clips the whole [set] across four sittings, four dams are due; if he clips fewer than five together, or five separately, ṣadaqah is due for each nail.

وإنوإنAnd ifContextual gloss

If he uses perfume, or wears [forbidden garments], or shaves [hair] owing to excuse, he may choose among: (1) a dam.

2)2)(2)Contextual gloss

(2) Three ṣāʿs of wheat, which he feeds to six needy people.

3)3)(3)Contextual gloss

(3) Fast three days.

وإنوإنAnd ifContextual gloss

If he kisses or touches with arousal (shahwah), a dam becomes due.

وإنوإنAnd ifContextual gloss

If he has intercourse before the standing at ʿArafah, his ḥajj is vitiated; a sheep is due upon him, and he completes [the rites] and makes up [ḥajj later]—and he need not separate from his wife during the makeup ḥajj.

وإنوإنAnd ifContextual gloss

If he has intercourse after the standing [at ʿArafah], his ḥajj is not vitiated—but a camel (badanah) becomes due.

وإنوإنAnd ifContextual gloss

If he has intercourse after shaving [the head following ḥajj rituals], upon him lies a sheep.

وجماعوجماعAnd intercourseContextual gloss

Intercourse [done] forgetfully and done deliberately are equal [in ruling].

ومَنومَنAnd whoeverContextual gloss

Whoever performs ṭawāf al-qudūm or ṭawāf al-ṣadr while in a state of minor impurity (ḥadath)—ṣadaqah is due upon him; if he does so in a state of major impurity (janābah), a sheep is due.

ومَنومَنAnd whoeverContextual gloss

Whoever performs ṭawāf al-ziyārah with minor impurity—a sheep is due; if he does so in major impurity—a badanah is due.

ومَنومَنAnd whoeverContextual gloss

Whoever leaves out of ṭawāf al-ziyārah three circuits or fewer—a sheep is due; if he leaves four, he remains in iḥrām until he completes them.

ومَنومَنAnd whoeverContextual gloss

Whoever omits from ṭawāf al-ṣadr three circuits or fewer—ṣadaqah is due upon him; if he omits four [circuits], a dam is due.

ومَنومَنAnd whoeverContextual gloss

Whoever omits saʿy, departs from ʿArafah before the Imām, omits stopping at Muzdalifah, omits casting at all jamarāt, or omits a day’s obligatory stoning or most thereof—a dam becomes due upon him; if the shortfall is less, ṣadaqah is due.

ومَنومَنAnd whoeverContextual gloss

Whoever delays shaving or ṭawāf al-ziyārah beyond its prescribed time owes a dam; likewise if he shaves in time but outside the ḥaram.