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Rafiq-ul-Haramayn - Islamic School System - Dawat-e-Islami

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<strong>Rafiq</strong>-<strong>ul</strong>-<strong>Haramayn</strong> 242<br />

There is no expiation for cutting the trees that come into the first<br />

three categories. However, if there is an owner of the tree, he will<br />

claim compensation. As for cutting the tree coming into the fourth<br />

category, penalty must be paid, and if there is an owner of the tree,<br />

he will receive compensation as well. Penalty will be paid provided<br />

the tree is fresh before being cut, not damaged or uprooted. In order<br />

to pay the penalty, the one who has cut the tree is required to buy<br />

grains for as much money as is the price of the tree, and distribute it<br />

among the Masākīn (considered destitute by Sharī’aĥ). He must give<br />

one Ṣadaqaĥ to each Miskīn. If the quantity of grains bought for as<br />

much money as the price of the tree, is less than even one Ṣadaqaĥ,<br />

he must give it to only one Miskīn. It is not necessary to give these<br />

Ṣadaqāt to the Masākīn of Ḥaram. He can give the price of the tree<br />

as Ṣadaqaĥ or can also buy an animal of the same value and slaughter<br />

it in Ḥaram. To keep fast to pay this expiation is not sufficient.<br />

R<strong>ul</strong>ing: The tree that has dried can be uprooted and can be benefitted<br />

from. R<strong>ul</strong>ing: If someone has plucked leaves off the tree, causing no<br />

damage to the tree, no expiation is required. Similarly, there is<br />

no harm in cutting a growing tree provided the owner has given<br />

permission. The one who has cut the tree is to pay its price to the<br />

owner. R<strong>ul</strong>ing: If some people have jointly cut the tree, only one<br />

penalty will be jointly paid by all of them whether all are Muḥrim or<br />

non-Muḥrim or some are Muḥrim and some are non-Muḥrim.<br />

R<strong>ul</strong>ing: It is not permissible to make a Miswāk by cutting a twig off<br />

the Pilu (salvadora persica) tree or any other tree of Ḥaram. R<strong>ul</strong>ing:<br />

If some trees are broken or damaged because of a person walking,<br />

camping or riding his animal, there is no expiation. R<strong>ul</strong>ing: Due to<br />

the need, the Fatwā is that it is permissible to graze animals on the<br />

grass of Ḥaram. As for cutting or uprooting it, there is the same<br />

r<strong>ul</strong>ing on it as on cutting the tree except for dry and naturally

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