Al-masdud and Al-mahsur
Al-masdud and Al-mahsur
THE STAY AT ARAFAAT THE STAY AT MUZDALIFAH SACRIFICE OF ANIMAL AT MINA PERSONS PREVENTED FROM PERFORMING HAJJ
If a pilgrim has been prevented from performing Umrah after wearing ihram, he should make the sacrifice from wherever he is if he is carrying the sacrifice with him. If not, he must obtain the animal and sacrifice it and, as a matter of caution, he is not relieved without doing so. As a matter of caution, he must also perform Taqseer or shave his head.
A pilgrim who is prevented from performing Hajjul-Tamatoo, if he is prevented from the two stays or, in particular, the stay at Muzdalifah, as a matter of caution, he must perform Tawaaf and Saee, then shave his head and sacrifice a sheep to be relieved from his ihram. If he is prevented from Tawaaf and Saee after the two stays and the ceremonies at Mina and is unable to appoint an agent, he must sacrifice an animal at the place where he is prevented and if it is possible to appoint an agent, he must, as a matter of caution, do both, sacrifice an animal and also appoint an agent to complete the ceremonies on his behalf. If a person is prevented specially from the ceremonies at Mina without affecting his entry into Makkah, if possible to do so, he must appoint an agent to throw the pebbles and make the sacrifice on his behalf and then have his head shaven or perform Taqseer and, if possible, sending his hair to Mina and be relieved from ihram. He may then perform the remaining ceremonies. If it is not possible for him to appoint an agent, he is relieved from making a sacrifice but must fast in lieu of it. Then he must have his head shaven or perform Taqseer and proceed to Makkah to complete the ceremonies there and be relieved from all the prohibitions applicable in the state of ihram including those regarding his wife. His Hajj will be valid.
By making the above said sacrifice, a person prevented from performing Hajj is not relieved of his obligation to perform a Hajj and if he remains of means to the following year it is obligatory on him to repeat it or else the liability will continue to rest on him.
If he is prevented from returning to Mina to spend the night there and throw the pebbles, his Hajj is completed but he must appoint an agent to throw the pebbles on his behalf in that year and if that is not possible, as a matter of caution, in the following year.
For the above said sacrifice there is no difference whether it is a camel or a sheep and if he is unable to make the sacrifice, he must fast for ten days instead.
If a pilgrim in the state of ihram has intercourse with his wife before the stay at Muzdalifah, he must complete the remaining ceremonies and repeat the hajj as mentioned earlier. However, if he is prevented from completing the ceremonies, the rules relating to the prevented pilgrim would apply to him but he must pay a penalty for the intercourse in addition to the animal for sacrifice.
THE DISTRIBUTION OF THE SACRIFICE PERSONS PREVENTED FROM COMPLETING HAJJ BY SICKNESS ETC.
If a person becomes prevented from completing an Umrat-ul-Mufradah or Umrat-ul-Tamatoo and wishes to be relieved from ihram, his obligation is to send an animal or its price to Makkah and to seek a promise from his companion to make the sacrifice there at an appointed time. On the arrival of the time, he must shave or perform Taqseer and becomes relieved from the prohibitions of Ihram and the companion becomes relieved upon making the sacrifice. If he becomes prevented during Hajj, the rules stated above will apply. However, the place of sacrifice is Mina and the time is Idd day. In all the above mentioned cases the prevented pilgrim is relieved except from intimacy to a woman but in both Hajj or Umrah, only after they have completed the Tawaaf and Saee.
If the pilgrim during the Umrah becomes sick and sends his animal for sacrifice but subsequently recovers from his illness and is able to continue with his journey to Makkah and arrives there before the sacrifice of the animal, he must sacrifice it himself. Then, if it was Umrat-ul-Mufradah, his obligation is only to complete the Umrah. However, if it was Umrat-ul-Tamatoo and was able to complete its ceremonies before the midday of Arafaat or ninth Dhil Hijjah, then he should do so, otherwise his Hajj automatically becomes Hajj-ul-Ifraad. The same rule applies if he had not sent an animal for sacrifice and waited till recovery and being able to continue the journey.
If a pilgrim becomes ill and sends the sacrifice but then his sickness is alleviated and feels he will be able to perform the pilgrimage, he is obliged to undertake the ceremonies. If he fulfils the two stays or, in particular, the stay at Muzdalifah, he will have performed the Hajj, as stated above. He completes the ceremonies and makes the sacrifice. However, if he does not sacrifice an animal, his Hajj will turn into Umrat-ul-Mufradah but if he makes the sacrifice, he will be relieved from the prohibitions in the state of ihram, except approaching his wife. It is obligatory on him to perform the Tawaaf, the prayers, Saee and the Tawaaf ul-Nisa and the prayers after it to make the wife lawful to him.
If a person becomes prevented from performing Tawaaf and Saee because of illness or the like, he can appoint an agent to perform them on his behalf but he must recite the prayers after the Tawaaf when the agent has completed the Tawaaf. However, if he was prevented from proceeding to Mina and performing its ceremonies, he must send somebody to throw the pebbles and make the sacrifice. Then he must shave his head or make Taqseer and send his hair to Mina, if possible. He should then complete the other ceremonies.
If a person becomes prevented from performing pilgrimage and sends a sacrifice but before it reaches the appointed place it is damaged in the head, it is permissible for him to shave his head and if he does so he must sacrifice a sheep at the place or keep fasts for three days or feed six poor persons with one and a half kilos of food to each.
By making the sacrifice, the prevented pilgrim only becomes relieved of the prohibitions of ihram but not from his obligation of performing the Hajj which he must repeat in the following year if he has the means, or else it remains a liability on him.
If the prevented pilgrim does not sacrifice an animal nor has he available the cash to meet its price, he must observe fast for ten days.
If the pilgrim in the state of ihram is unable to continue his journey to the holy places to perform the ceremonies of Umrah or Hajj because of reasons other than those stated above, then if he is in Umrat-ul-Mufradah, he should sacrifice an animal and shave his head or make Taqseer, as a matter of caution and be relieved at the place at which he is. The same rule applies to Umrah-ul-Tamatoo if he is unable to complete the Hajj. Otherwise, it is apparent that his obligation changes to Hajj-ul-Ifraad. However, if he is in the course of the Hajj and is unable to stay at Arafaat and Muzdalifah or to stay at Muzdalifah in particular, then he is relieved from his ihram by the Umrat-ul-Mufradah.
A group of jurists state that if a pilgrim does not have the animal for sacrifice accompanying him and makes a condition at the time of wearing ihram that Almighty Allah relieve him whenever he is prevented or an obstruction arose, like an enemy or illness, the advantage of such a condition being that he can be relieved from all the prohibitions of ihram so that there is then no need for sacrifice or shaving, not to perform Tawaaf or Saee and be permitted to approach women. Though this opinion could be justified, as a matter of caution, one must observe the methods of being relieved at the time the obstruction arises as mentioned above and ignore such a condition for being relieved.
Here we conclude the obligations in Hajj and turn to rules of conduct. Scholars have mentioned of them and while they all cannot be set out extensively in this work, a few of them will be stated briefly: