Jinayat Pertaining To Rami

Fiqh, Hajj - Merits and Precepts / Friday, November 13th, 2009

Rule Of Action
If Rami for one day in full is abandoned or most of the pebbles are abandoned, a Dam will be Wajib. For instance, a person abandoned eleven pebbles in the Rami of the first day and performed it with only ten pebbles, a Dam would be obligatory. If he abandoned the Rami of more than one day or full four days, in that case as well only one Dam would stand obligatory (Zubda).

Rule Of Action
The Rami of the 13th Zilhijja stands obligatory only when the dawn of the 13th appears in Mina. In this case as well, if a person abandoned the Rami of the 13th Zilhijja, a Dam would be obligatory (Zubda).

Note :
(1) For all rules of action wherein an obligation of Dam has been defined, it is necessary that the animal is sacrificed within the boundaries of Haram. Offering sacrifice outside Haram does not stand admitted. Morever, the sacrificed animal is obligatory to be given as charity. It is not permissible for you to eat anything out of it by yourself or to give it to rich persons (Ghunya).

(2) If a person cannot afford Dam or Sadaqa on account of poverty, the expiation will continue to stand obligatory. He may discharge this obligation whenever he can afford. This in fact means that if a person commits, without any excuse, a Jinayat on which Dam or Sadaqa is Wajib the expiation will continue to stand as long as the obligation is practically discharged. He has no choice to keep fasts in exchange. On the other hand, if this perpretation of Jinayat is out of some excuse, keeping 3 fasts will also suffice instead of Dam or Sadaqa (Zubda).

(3) Por Jinayat of Ihram, a Qarin falls under the obligation of two penalties, whether it may be the obligation of a Dam or the obligation of a Sadaqa, because of the fact that he enters the state of two Ihrams. But indeed if he passes by Miqat without Ihram, then only one Dam will be obligatory. Moreover, the Jinayat committed by a Qarin, in respect of Wajibat of Hajj, attracts the obligation of only one penalty (Ghunya).

(4) The obligation of Dam for a Jinayat is not permissible to be discharged in the shape of hard cash equivalent to the price of Dam. It is obligatory to offer tha sacrifice of animals of Haram. But indeed, in case where either offering a Dam or giving food in exchange has been left on one’s one choice, Dam obligation can be discharged in the shape of hard cash equivalent to its price.

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