Persons Who are Prevented from Performing Hajj

#438: This refers to a pilgrim who had already assumed the state of ihrām and then was then prevented – by hostile actions or the like – from getting to the Holy Places and performing the Hajj or the ´Umrah there.

#439: If that were to happen during the ´Umratu-l-Mufradah and the pilgrim has the sacrificial animal with them, they can quit the state of ihrām after slaughtering it at the place where they have been hampered from getting to the Holy Places.

If not, they have to procure one and slaughter it, and – as a precautionary measure (al-ahwaṯ) – they cannot quit the state of consecration without doing so. As an obligatory measure of precaution (ahwaṯ luzūman), they have to cut or shave their hair.

This applies also for a pilgrim who is performing the ´Umratu-t-Tamattu´ and is prevented from carrying out the pilgrimage. If they are kept from reaching the Ka´aba before performing the two stays, it suggests itself that the Hajj is turned into Hağğu-l-Ifrād.

#440: A pilgrim who is being prevented from performing the Hağğu-t-Tamattu´ and who cannot stay in both the places, especially in Muzdalifah, must – as a precautionary measure – carry out the ṯawāf, the prayer and the sa´ī, then shave their hair and slaughter a sheep in order to quit the state of consecration.

If they are prevented from undertaking the ṯawāf and the sa´ī after having performed the two stays and the ceremonies in Mina and they are also unable to assign a representative, they must slaughter the sacrificial animal in the place where they have been detained and have to cut or shave their hair.

If possible, they should assign a representative for the ṯawāf and the sa´ī and personally perform the prayer after their representative has completed the ṯawāf.

If someone is only prevented from carrying out the ceremonies in Mina and not from visiting Mecca, they should – if possible – assign a representative to throw the stones and perform the sacrifice on their behalf. Afterwards they cut or shave their hair and send it – if possible – to Mina. Then they can perform the remaining ceremonies.

If they are unable to assign a representative, they are exempt from performing the sacrifice, but they have to fast instead. The obligation to throw the stones is also remitted for them (it is recommended that they do it in the following year if they are making the pilgrimage then or to appoint a representative). Furthermore, they must also cut or shave their hair and then betake themselves to Mecca in order to complete the ceremonies. Afterwards, they quit the state of consecration and everything that has been prohibited during the ihrām is once again allowed, including intimate contact with their marital partner. Then their pilgrimage is valid.

#441: If someone is prevented from performing the Hajj or the ´Umrah and quits the state of consecration by sacrificing, this does not count in lieu of the Hajj or the ´Umrah respectively. If the intention was to make an obligatory pilgrimage, the obligation to perform it remains in effect.

#442: If a person is prevented from returning to Mina in order to spend the night there and to throw the stones, their Hajj is complete but they have to appoint a representative to throw the stones on their behalf during the current year, and if this is not possible, it should be done – as a precautionary measure – in the following year. The rule that applies for someone who is impeded does not apply here.

#443: Concerning the sacrificial animal, it makes no difference whether it is a camel, a cow or a sheep. Someone who is unable to perform the sacrifice must fast 10 days.

#444: If a pilgrim who is in the state of consecration has sexual intercourse with their spouse before staying in Muzdalifah, they have to finish the remaining ceremonies and repeat the Hajj as mentioned before. If they are, though, prevented from completing the ceremonies, the rules for a impeded pilgrimage are effective for them but in addition to the sacrificial slaughter they must also slaughter a camel in expiation of the intercourse with their marital partner.