Muwatta Imam Malik (Riwayat Yahya)

It is narrated from Sa'id bin Jubair that Sayyiduna Ibn Abbas (may Allah be pleased with them) said: Whoever forgets or leaves out any of his acts (of Hajj), he should offer a sacrifice (i.e., an animal). Ayyub said: I do not remember whether Sa'id said "forgets" or "leaves out."

Imam Malik, may Allah have mercy on him, said: As for the dam (compensatory sacrifice) which is for Hady, it will inevitably go to Mecca; for any other act of worship, there is a choice to do it wherever one wishes.

Imam Malik, may Allah have mercy on him, said: Whoever wishes to wear such clothes that are not permissible in Ihram, or wishes to cut hair, or wishes to apply perfume without necessity, considering the expiation to be easy, then this is not permissible; rather, concession is only at the time of necessity. Whoever does so must give expiation.

Imam Malik (may Allah have mercy on him) was asked: Regarding what Allah Almighty has said: «﴿فَفِدْيَةٌ مِنْ صِيَامٍ أَوْ صَدَقَةٍ أَوْ نُسُكٍ﴾», does the person have a choice in this? And what is nusuk? And how much food is obligatory? And from which measure should it be? And how many fasts are required? And is it permissible to delay in this or should it be done immediately? Imam Malik (may Allah have mercy on him) replied: In all the expiations where Allah, Glorious and Exalted is He, has stated in this manner that either this or that, there is a choice; whichever option he wishes, he may do. By nusuk, one goat is meant. By fasting, three fasts are intended. By food, feeding six needy persons is meant; each needy person should be given two mudd, from the mudd of the Prophet (peace and blessings be upon him).

Imam Malik, may Allah have mercy on him, said: If several people together kill a game animal, and all of them are in the state of ihram, then the penalty will be obligatory on each one of them, and each one must pay the full penalty. If the ruling is to offer a sacrificial animal (hady), then each one must offer a hady. If the ruling is to fast, then each one must fast. Its example is that if several people together, by mistake, kill a person, then the expiation for killing, that is, freeing a slave, will be obligatory on each one, or each one must fast for two consecutive months.

Imam Malik, may Allah have mercy on him, said: Whoever hunted after throwing the pebbles but before shaving the head and performing the Tawaf al-Ifadah, then the penalty for that hunting becomes obligatory upon him, because Allah the Exalted has said: «﴿وَإِذَا حَلَلْتُمْ فَاصْطَادُوا﴾» meaning, "When you have come out of Ihram, then hunt." And whoever has not performed the Tawaf al-Ifadah, his Ihram is not completely ended, because it is not permissible for him to have intercourse with women or to apply perfume.

Imam Malik, may Allah have mercy on him, said: If a muhrim uproots a tree of the Haram, there is no penalty required of him, but this act is very bad.

Imam Malik, may Allah have mercy on him, said: Whoever forgets to fast the three days during Hajj, or is unable to fast due to illness, until he returns to his city, then if he is able to offer a sacrificial animal (hady), he should do so. Otherwise, he should fast three days at home and then fast seven more days.

Imam Malik, may Allah have mercy on him, said: And I heard from some people of knowledge, they used to say that if a muhrim struck something and it hit a hunting animal or bird, and it died, but the muhrim did not intend to kill it, then compensation (fidyah) will be obligatory upon him, because in this matter, intention and mistake are equal.