Hajj and Umrah fines 1
Definition of Dam
In the Big Dictionary of Indonesian (KBBI) dam means a fine paid for violating the provisions relating to Hajj or Umrah. In language, dam means blood. But in a broad sense it is a form of violation in the ritual of Hajj or Umrah such as when sdang wukuf in arafat does dirty talk or violating deeds such as cutting trees, picking leaves, killing animals. While in sharia, it means to drain blood (slaughter livestock). Slaughtered livestock are adjusted to the offenses committed, such as: camels, cows or goats. Dam is not only done by slaughtering livestock but can also pay fidyah by fasting, feeding the poor and almsgiving.
Dams can occur if someone commits a violation as in the following example:
1. Dam because of the process of worship, which is leaving nusuk, such as throwing jumrah, ihram is not done from miqat. Do not perform wukuf in the field of arafat from morning to night. Not carrying out thawaf wada' then must be fined.
2. Dam because of violations in worship, namely having fun by wearing fragrances during Hajj, and then shaving prematurely, then it is mandatory to issue dams. Like the Tamatu Hajj system, in this system pilgrims must cut goats or fast for 10 days, namely three days carried out in Makkah and seven days carried out in Indonesia.
3. Experiencing problems on the way to Makkah due to severe illness or others
4. Unable to perfect the obligatory Hajj such as mabit in Mina or Muzdhalifah
A. Assortment of DAM
According to Prof. Dr. Wahbah Az-Zuhaili in his book entitled Fiqh Islam Wa Adilatuhu Volume 3 (2021: 585) explained, that dams are divided into three types, namely:
1. Dam Nusuk
Nusuk Dam is a dam that is required for pilgrims who perform manasik in the Tamatu or Qiran way. So, this dam is only to fulfill the provisions of the Tamatu or Qiran pilgrimage, not because of committing violations.
Tamatu Hajj is a pilgrimage performed by performing Umrah first and then followed by a Hajj procession. The dam for this pilgrimage is to slaughter a goat per pilgrim and the meat is distributed to the poor.
The commandment of dam nusuk is explained in the following words of Allah the Exalted:
Meaning: "... So for those who want to perform Umrah before Hajj (in the month of Hajj), (it is mandatory for him to slaughter) an easily available sacrifice. But if he does not find (the animal or is incapable), then it is obligatory to fast three days during the Hajj and seven days (again) when you have returned home..." [Al-Baqarah verse 196]
2. Dam Isa’ah
Dam Isa'ah is a mandatory fine for jamaah who do not perform or leave the obligatory matters of Hajj such as:
a) Not berihram/pilgrimage/umrah from mīqāt;
b) Do not do mabit in Muzdalifah;
c) Do not do mabit in Mina;
d) Not throwing jumrah;
e) Not doing thawaf wada'.
In addition, this dam is also required for pilgrims of Hajj or Umrah who cannot continue their journey to Mecca due to certain reasons such as illness or hindered by war. The Dam of Isa'ah that a person must fulfill is by slaughtering a goat.
3. Dam Kafarat
Dam kafarat is a fine for a pilgrim of Hajj or Umrah, if he does something that is forbidden during the ihram period. The types of violations and fines that must be paid include:
a) Violating the Ihram Prohibition b) Wearing sewn clothes (male) c) Wearing a head covering (male) d) Covering the face (female) e) Wearing hand shirts (women)
f) Wearing fragrances on the body and clothing g) Use hair oil whether fragrant or not
h) Shaving hair and hair on the body i) Trimming nails or pulling them out
As a copy of the above types of violations, pilgrims can choose the dam that must be paid, including:
a) Pay dams with a goat.
b) Pay fidyah by giving alms to six poor people. Each 1/2 sha' (2 mid
= 1 1/2 kg of staple food of any type).
c) Observe a three-day fast.
d) Killing Land Game
As a ransom for this transgression is explained in the following statement of Allah ta'ala; "O you who believe, do not kill the fugitives, when you are ihram. Whoever one of you kills him on purpose, the fine is to replace it with a cross-breed of cattle balanced with a murdered fugitive..." (QS. Al-Maa'idah:95)
If the pilgrim commits this violation but is completely unable to pay according to the explanation of the verse above, it can be replaced by fasting, with a ratio of every day = 1 mud of food (3/4 kg of rice).
Doing Jima (Relating Husband and Wife) Having sex is categorized as a serious offense, it can even cancel one's Hajj.
If this offence is committed before the initial tahallul, it can cancel one's Hajj, and it is obligatory for him to pay the dam. In addition, he is also obliged to perform his Hajj qadha' the following year. Meanwhile, if this violation is committed after the initial tahallul, the pilgrimage is not canceled, but still has to pay the dam.
The dams that must be paid for this violation are;
a. Slaughtering one camel.
b. If it is not capable, it can be replaced with a cow.
c. If you still can't afford it, you can replace it with 7 goats.
d. If you are still unable to slaughter an animal, it can be replaced by feeding the poor in Mecca the worth of a camel.
e. If you are still not able to, as a last alternative it can be replaced with a commensurate fast, provided that one day is equal to 1 mud.
Various DAMs from other opinions among others:
1. Dam due to intercourse in the state of ihrom before the first tahallul:
a. Slaughter a camel or cow, or 7 goats.
b. If he does not slaughter, he is obliged to give alms to the poor in the form of eating for camels/oxen.
c. If he is not able, he must fast as much as the price of a camel with the calculation that every one mud (+0.8 kg) of meat, he must fast.
2. Dam for violating one of the prohibitions of Hajj as follows: shaving hair or body hair, cutting nails, wearing sewing clothes (for men), wearing fragrances, having intercourse after the first tahallul, then the fine chooses one of 3 things, namely:
a) Slaughter a goat.
b) Three-day fasting.
c) Give alms 3 bushels (9.3 liters) of food to 6 poor people.
3. Dam because performing Hajj in Tammatu or Qiron, Hajj Tamattu is Hajj that comes prematurely to perform Hajj so they usually perform ihram for Umrah, directly from their miqat.
After completing ihram and ending in tahallul or cutting hair, these pilgrims wait until the time for Hajj on the day of Tarwiyah and Arafat on the 8th-9th of Dhul-Hijjah. While Hajj Qiran is the process of Hajj and Umrah performed simultaneously. So that all rituals undertaken, such as ihram, thawaf, sa'i and throwing jumrah or mabit are intended for Hajj and Umrah. So it is with other obligations. Except during wukuf which is an obligation of Hajj. And the implementation of this Hajj is obliged to issue dams. So start ihram not from miqaat, do not spend the night in muzdalifah, do not spend the night in mina and do not throw jumroh. The fines are as follows:
a. Slaughter a goat.
b. If unable he is obliged to fast for 10 days, 3 days are done in the holy land and 7 days worked on in the country.
4. Dam for hunting or killing game. The fine is to vote One of 3 things, namely:
a) Slaughtering animals that are as bad as the animals killed.
b) Alms to the poor cost the animal.
c) Fasting as much as the price of the animal, every 1 mud must fast 1 day
5. Dam for cutting wood on haram land then the fine is:
a) For large woods the fine is a camel or cow.
b) For a small wood the fine is a goat.
6. For those who are hindered on the road, so that they cannot continue the work of Hajj or Umrah, then they can tahallul by slaughtering a goat in that place, then shaving or cutting hair with the intention of tahallul.
The abundance of sacrificial animals is great, basically every pilgrim from all over the world issues a dam, even though it is not subject to obligations and like the ifrad hajj they also want to get the reward of this dam. So they also continue to slaughter sacrificial animals. Moreover, in Saudi Arabia there is a bank that takes care of collecting money and buying livestock.
Both official and unofficial. The meat from the dam animals is not only distributed to the poor but can also be one-third (1/3) eaten by the slaughterer.
