Detained from completing the Hajj or the ‘Umrah

Reference: Fataawa Muhimmah tata’allaq bil-Hajj wal-‘Umrah – Page 15, Fatwa No.3

Question: If someone passed the meeqaat (specific station for putting on ihraam), uttering the talbiyah for Hajj and ‘Umrah without condition and then he is detained on account of illness and the like, which stops him from completing his rites, what should he do?

Response: Such a person is treated as muhsar (detained). If he did not make a condition and afterwards an accident took place which stopped him from proceeding with his rites, then he should bear it and be patient if possible until the effects of the accident are over, then he should proceed with his rites. If he could not do this, he is treated as ‘detained’ according to the correct opinion. Allaah says about a detained person:

{But if you are prevented from completing it, send an offering for sacrifice such as you may find}, [Soorah al-Baqarah, Aayah 196].

According to the correct opinion, the case of being muhsar (detained) occurs by an enemy, and sometimes occurs by other than an enemy. So, he should sacrifice an animal, shave or cut some of his hair, then take off his ihraam. This is the verdict for muhsar. He slaughters his sacrificial animal in the same place that he is detained, whether he is in the Haram (sacred) area or outside the Haram. If he does not find any poor people there, the meat should be carried to the poor inside the Haram area, or it should be carried to some other villages. After that, he shaves or has a haircut and takes off the ihraam. If he cannot sacrifice an animal, he has to fast for ten days, then he shaves or has a haircut and takes off the ihraam.

He is a graduate of the Islaamic University of Madeenah, having graduated from the Institute of Arabic Language, and later the Faculty of Sharee'ah in 2004. He currently resides in Birmingham, UK.

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