What is the Kaffara for violating certain restrictions in hajj?

Kaffara (expiation) are those things that must be done for violating any of the restrictions of hajj or for neglecting to perform one of its obligatory acts or requisites. Expiations are obligatory in the following cases:

1- Neglecting to perform one of the rites of hajj
It is a duty upon whoever neglects to perform one of the obligatory acts of hajj i.e. stoning or entering ihram from the proper miqat site, to slaughter a sheep or goat or their equivalent such as sharing in a camel or cow by offering 1/7 of the animal. If one cannot be found, he is to fast ten days—three days during hajj (after entering ihram for hajj) and seven upon his return to his country. God the Almighty says,

If any one wishes to continue the 'umrah on to hajj, he must make an offering such as he can afford, but if he cannot afford it he should fast three days during the hajj and seven days on his return, making ten days in all. This is for those whose household is not in (the precincts of) the Sacred Mosque. [Al-Baqarah, 196]

It is recommended to fast these three days before the day of 'Arafat. A pilgrim, who is obliged to make this expiation, commits disobedience by delaying them till after the days of tashriq without an excuse, and must make them up.

It is necessary to follow the order of precedence concerning expiation. It is impermissible to refrain from slaughtering or making the second necessary expiation and choose another alternative except when a person cannot find a hady or does not own its price. In such a case, it is permissible to fast instead.

2- Being prevented from completing an obligatory act of hajj after having entered ihram
The occurrence of any impediment that prevents a person in ihram from completing the rites of hajj such as: wrongful incarceration; incurring a debt which has reached its date of maturity and remains unsettled despite having the means,

and the creditor prevents the debtor from completing the rites; an illness that is aggravated by motion; loss of property and the like.

It is a duty upon anyone who is prevented from completing the rites of hajj to slaughter a sheep or goat or their equivalent. God the Almighty says,

But if you are prevented (from completing it), send an offering for sacrifice such as you may find. [Al-Baqarah, 196]

If he is unable to slaughter, a pilgrim is to feed the poor with the equivalent value of either a sheep or goat; if this is not possible, he is to fast one day for each mudd (510 grams) he would have given out in expiation. Like the kaffara for neglecting to perform one of the rites of hajj, a pilgrim must observe the prescribed order of precedence of the kaffara. He cannot refrain from slaughtering an animal and perform the next alternative except if a hady is not available or he does not have the means to slaughter.

3- Indulging oneself and violating the prohibitions of hajj
It consists of the obligatory slaughter of a hady for committing an action prohibited while in ihram (other than intercourse, performing a marriage contract and killing a game animal) such as shaving, wearing sewn garments, using perfume, and paring nails. The expiation consists of choosing between slaughtering a sheep or goat, giving out the measure of three sa's (7.5 kg app.) of food in charity to six poor people, or fasting three days. God the Almighty says,

And if any one of you is ill or has an ailment in his scalp (necessitating shaving), (he should) in compensation either fast, or feed the poor, or offer sacrifice. [Al-Baqarah, 196]

It has been reported that when the Prophet saw lice crawling from Ka'b Ibn 'Ugza's head onto his face, he asked him, "Do the lice bother you?" "Yes," replied Ka'b.

The Prophet then said, "Shave your hair and fast three days, give out food in charity to six poor persons or slaughter.^"1"

4- Killing game animals
This not only includes killing a game animal oneself but assisting another either by pointing to its direction, handing it over, or the like. If there is a domestic counterpart (camels, cattle, and sheep and goats) to the killed animal, then the expiation consists of slaughtering its domestic equivalent and distributing the meat among the poor of al-Haram. This is based on the words of God the Almighty Who says,

O you who believe! Kill not game while in the Sacred Precincts or in the state of pilgrimage, if any of you does so intentionally, the compensation is an offering, brought to the Ka'ba, of a domestic animal equivalent to the one he killed. [Al-Ma`ida, 95]

Alternatively, a pilgrim who is obliged to make expiation for killing a game animal, may buy food with the equivalent price of the domestic counterpart and distribute it among the poor and the destitute of al-Haram or fast one day for each mudd of food he would have distributed had he chosen to do the latter. God the Almighty says,

… or by way of atonement, the feeding of the indigent; or its equivalent in fasts. [Al-Ma`ida, 95]

A pilgrim may choose whichever alternative he pleases. But if there is no counterpart to the animal killed (such as locusts), he is to buy food with the equivalent price and distribute it among the poor or fast one day for each mudd of food he would have distributed.

5- Engaging in sexual intercourse
The expiation consists of the obligation to slaughter a hady. If a pilgrim engages in sexual intercourse with his wife before partial release from ihram, he nullifies his hajj and must do any of the following alternatives in their fixed order of precedence: slaughter a camel, if he cannot found one, then a cow; if not, then he is to slaughter seven sheep or goats. If this is not possible, he is to estimate the price of the camel and buy food equal to its value (and distribute it in charity). If not possible, he is to fast a day for each mudd of food he would have distributed had he done the latter. In addition, he must complete the rites of hajj and perform a make-up hajj the following year.

If a pilgrim engages in sexual intercourse with his wife after partial release from ihram and before full release from it, he does not nullify his hajj and is therefore not obliged to make up his hajj the following year. According to the opinion of the majority of scholars, he must slaughter a sheep or goat. A woman who engages in sexual intercourse with her husband is not obliged to make expiation according to the correct opinion. But if she allows her husband to engage in conjugal relations with her when she is in a state of ihram, while knowledgeable of the prohibition, she nullifies her hajj. She must continue the rites and make it up the following year.

In brief, expiation consists of fasting, distributing charity or slaughtering. God the Almighty says,

(He should) in compensation either fast, or feed the poor, or offer sacrifice. [Al-Baqarah, 196]

Kaffara, or expiation, is obligatory when a pilgrim commits any of the prohibitions of hajj without necessity or an excuse, in which case he is blameworthy. Fidya, or compensation (a legal obligation that a Muslim does instead of another due to an excuse such as the inability to fast due to old age or an illness), is obligatory when a pilgrim commits one of the prohibitions of hajj out of necessity, in which case he is not blameworthy. God the Almighty says,

And if anyone one of you is ill, or has an ailment in his scalp. [Al-Baqarah, 196]

The hady is the animal that is driven to al-Haram as an offering to gain the pleasure of God the Almighty. As mentioned above, it becomes compulsory when a pilgrim violates one of the things that are unlawful while in ihram or by neglecting to perform an obligatory action of hajj. Similar to the animal sacrificed on the day of 'Eid, a hady must be free of any defects or illnesses.

Scholars are unanimous on the permissibility of eating from a voluntary hady such as that offered by a mufrid and differed over the ruling for eating from an obligatory hady such as that offered by a mutamatti', a qarin, and the hady offered in fulfillment of a vow. The opinion chosen for fatwa is that it is permissible to eat from it due to the general implication of the words of God the Almighty Who says,

Then eat ye thereof and feed the distressed ones in want. [Al-Hajj, 28]

A pilgrim who is held back from completing the rites of hajj after having entered ihram is to slaughter the hady at the place where he has been prevented. Otherwise, he may slaughter it anywhere in al-Haram.

----------------------------------------
(1) Recorded by Bukhari (1817, 4159, 5703, 6708) and Muslim (2936, 2937, 2938).