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Detained
from completing the Hajj or the 'Umrah
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Question: If someone passed the meeqaat
(specific station for putting on ihraam), uttering the talbiyyah
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.
Shaykh
Ibn Baaz
Fataawa Muhimmah tata'allaq bil-Hajj wal-'Umrah - Page 15,
Fatwa No.3
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