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Clipping nails before cutting hair in Hajj

Question

When our agent informed my father that he had slaughtered, I trimmed my nails first and then cut my hair to end my state of ihram. Does that invalidate my Hajj? Also, if a person forgets to say takbeer (Allaahu Akbar) before throwing a stone, then what should they do? I am not sure that I forgot, but it is just a feeling/suspicion. May Allaah reward you.

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

If you had cut your nails before the first tahallul (coming out of the state of ihraam), then you are obliged to pay an expiation. Expiating is done by either of the three following things: Slaughtering a sheep, fasting three days, or feeding six poor persons, because the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said, “Offer a sacrifice (slaughtering a sheep), fast three days, or feed six poor persons, each one half a saa’ (3 litres).” [Al-Bukhari and Muslim]

The first tahallul takes place after the person in a state of ihraam does two of the three following things on the Day of Sacrifice: Throwing the ‘Aqaba pebbles, shaving or trimming the hair, and performing the tawaaf (circumambulation) of Ifaadhah. For more benefit, please refer to fatwa 83799.

Thus, if you had cut your nails before doing these three things or after throwing the pebbles and before shaving the hair or performing the Tawaaf, then you are obliged to pay a ransom, as we have already mentioned, but if you had done so after doing two of the three things or did one thing after having thrown the pebbles, then you are not required to do anything.

On the other hand, there is nothing wrong with shaving before offering the sacrifice as it was confirmed that a man asked the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) saying, “I forgot and shaved my hair before slaughtering,” and the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) told him, “Offer your sacrifice and there is nothing wrong with that.” [Al-Bukhari and Muslim]

Moreover, Ibn ‘Uthaymeen  may  Allaah  have  mercy  upon  him said, It is permissible to shave before offering the sacrifice because ending the state of ihraam has nothing to do with offering the sacrifice. It is for this reason that if a person throws the pebbles and shaves his head and performs the tawaaf and sa’y, then it is permissible for him to totally come out of the state of ihraam; and it becomes permissible for him to have sexual intercourse with his wife even if he does not offer the sacrifice until the second day." [Majmoo' al-Fataawa]

The same thing applies to abandoning the takbeer when throwing the pebbles, as there is nothing wrong with that because this is only recommended. If a person neglected it, then he is not required to do anything.

Therefore, what you have mentioned in the question does not affect the validity of your Hajj. Hence, your Hajj is valid – Allaah willing – so we ask Allaah to accept it from you.

Also, according to the view of most jurists, there is no difference between a person who did that out of forgetfulness or deliberately in regard to acts of itlaaf (i.e. acts done as a way of removing something from the body) among the acts of violating the prohibitions of ihraam.

Al-Kaafi, which is a book in the Hanbali Fiqh, reads, “If a pilgrim shaves or cuts his nails out of forgetfulness or ignorance, then he is obliged to pay an expiation, as this is an act of itlaaf, so doing it deliberately or out of forgetfulness is the same, just like spoiling the money of a human being; nonetheless, one is not obliged to pay a ransom due to this (doing the acts of itlaaf also), as per inference to wearing something [which is forbidden in a state of ihraam].

Some scholars hold the view that the ransom is not due if the person did that out of forgetfulness or ignorance; which is the view chosen by Shaykh Ibn Taymiyyah, Ibn Baaz and Ibn ‘Uthaymeen  may  Allaah  have  mercy  upon  them. Please, refer to fatwa 132550.

For instance, the fatwa of Ibn ‘Uthaymeen about a pilgrim in the state of ihraam cutting his nails out of ignorance reads:

“You are not required to do anything if you cut your nails because you did so while believing that this was permissible. Whoever commits any of the prohibitions of ihraam out of forgetfulness or ignorance, or while not choosing to do so, is not required to do anything. Also, there is no difference between removing hair, cutting nails, applying perfume, wearing regular clothes, and so forth: they are all alike. If a person commits any of the prohibitions of ihraam out of forgetfulness or ignorance or while not choosing to do so, then he is not required to do anything, as Allaah says (what means): {Our Lord, do not impose blame upon us if we have forgotten or erred.} [Quran 2:286].

Based on this, you are not obliged to offer a ransom if you had cut your nails out of forgetfulness or ignorance, and your Hajj is valid in any case as we have already mentioned.

Allaah knows best.

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