Hadith 14248

Malik said, concerning someone who wishes to wear clothes that aperson in ihram must not wear, or cut his hair, or touch perfumewithout necessity, because he finds it easy to pay the compensation,"No-one must do such things. They are only allowed in cases ofnecessity, and compensation is owed by whoever does them."Malik was asked whether the culprit could choose for himself themethod of compensation he makes, and he was asked what kind of animalwas to be sacrificed, and how much food was to be given, and how manydays were to be fasted, and whether the person could delay any ofthese, or if they had to be done immediately. He answered, 'Wheneverthere are alternatives in the Book of Allah for the kaffara, theculprit can choose to do whichever of the alternatives he prefers. Asfor the sacrifice - a sheep, and as for the fasting - three days. Asfor the food - feeding six poor men, for every poor man two mudds, bythe first mudd, the mudd of the Prophet, may Allah bless him and granthim peace."Malik said, "I have heard one of the people ofknowledge saying, 'When a person in ihram throws something and hitsgame unintentionally and kills it, he must pay compensation. In thesame way, someone outside the Haram who throws anything into the Haramand hits game he did not intend to, killing it, has to paycompensation, because the intentional and the mistaken are in the sameposition in this matter.' "Malik said, concerning people whokill game together while they are muhrim or in the Haram, "I thinkthat each one of them owes a full share. If a sacrificial animal isdecided for them, each one of them owes one, and if fasting is decidedfor them, the full fasting is owed by each one of them. The analogy ofthat is a group of people who kill a man by mistake and the kaffarafor that is that each person among them must free a slave or fast twoconsecutive months."Malik said, "Anyone who stones or huntsgame after stoning the jamra and shaving his head but before he hasperformed the tawaf al-ifada, owes compensation for that game, becauseAllah the Blessed, the Exalted said, 'And when you leave ihram, thenhunt,' and restrictions still remain for someone who has not done thetawaf al-ifada about touching perfume and women."Malik said,"The person in ihram does not owe anything for plants he cuts down inthe Haram and it has not reached us that anyone has given a decisionof anything for it, but O how wrong is what he has done! "Malik said, concerning some one who was ignorant of, or who forgot thefast of three days in the hajj, or who was ill during them and so didnot fast them until he had returned to his community, "He must offer asacrificial animal (hady) if he can find one and if not he must fastthe three days among his people and the remaining seven after that."