54. CHAPTER OMISSION AND RESTRICTION
He who fails to make wuquf, his Hajj is nullified and so he makes tahalul for ‘Umrah. He must make up for it and offer sacrifice if he had not stipulated a clause.
“Chapter: Omission and Restriction”: Omission here refers to the failure to perform wuquf at ‘Arafah and restriction here refers to one being hindered from reaching the House.
“He who fails to make wuquf, his Hajj is nullified and so he makes tahalul for ‘Umrah. He must make up for it and offer sacrifice if he had not stipulated a clause”: Whoever assumes ihram for Hajj but missed out on wuquf i.e. he was not able to reach ‘Arafah before dawn of the day of sacrifice while he was a muhrim intending Hajj, then his Hajj is nullified for that year. He goes to the House and makes tawaf sa’i and shaves his head or shortens his hair. In this situation he has effectively completed an ‘Umrah and can leave the state of ihram. He must make up for it in the following year. He also offers an animal as sacrifice.
“If he had not stipulated a clause”: Provided that he had not stipulated a clause while assuming ihram by uttering the following: “In habasani habisun famahilli haythu habasatani.” (If a hindrance were to hinder me, then my place is where You held me back.)
If a pilgrim utters the above while entering into ihram, then he may leave the state of ihram and neither needs to make up the Hajj the following year nor offer sacrifice as he had stipulated a clause.
Whoever is barred from reaching the House by an enemy may offer a sacrifice and then make tahalul. If he has lost his sacrificial animal, he has to fast ten days and then makes tahalul. If he is prevented from reaching ‘Arafah, he makes tahalul for ‘Umrah.
“Whoever is barred from reaching the House by an enemy may offer a sacrifice and then make tahalul. If he has lost his sacrificial animal, he has to fast for ten days and then makes tahalul”. This is a restriction which is defined as the hindrance to a pilgrim by an enemy from reaching the House. This situation was faced by the Prophet(pbuh) in the year of al-Hudaybiyah. He(pbuh) along with his Companions headed towards the Ka’bah to perform ‘Umrah but were hindered by the polytheists from entering Makkah. They were stopped at al-Hudaybiyah which is on the outskirts of the Haram sanctuary in the direction towards Jeddah near al-Tan’im. This place is presently known as al-Shamisi.
When they reached this place, the polytheists prevented them from entering Makkah even though they made several attempts to enter it. Finally, the Prophet(pbuh) slaughtered his sacrificial animal and shaved his head. Doing so, he made tahalul and ordered his Companions to do likewise. (Reported by al-Bukhari (3/252-258) in the lengthy narration of the covenant of al-Hudaybiyyah narrated by al-Masur ibn Mukhramah.)
This is proof that if a pilgrim who intended to perform Hajj or ‘Umrah is barred from reaching the House and is indeed incapable of it, he may offer his sacrifice and then make tahalul. If he does not have an animal, he has to fast for ten days and there is no blame on him.
“If he is prevented from reaching ‘Arafah, he makes tahalul for ‘Umrah”: However, if he assumed ihram for Hajj and was hindered by enemies on his way to make wuquf at ‘Arafah, this predicament is similar to the previous one. If he missed wuquf at ‘Arafah, his Hajj is nullified. He must make tahalul for “Umrah by making tawaf, sa’i and then shave his head or shorten his hair. He may then leave the state of ihram as this is considered an omission rather than a hindrance.
If the hindrance is in the form of an illness or the loss of provisions, then he should remain as a muhrim if he had not stipulated a clause.
“If the hindrance is in the form of an illness or the loss of provisions, then he should remain as a muhrim if he had not stipulated a clause”: If the hindrance is not caused by an enemy but rather an illness, due to which he is incapable of performing Hajj or ‘Umrah, or the loss of provisions due to theft or loss such that he has nothing left to perform Hajj or ‘Umrah with, then he must remain as a muhrim until he is able to perform the pilgrimage. He must perform Hajj if he gains ability before the day of ‘Arafah. He should proceed to complete all the rites of Hajj. In the event that he gains ability only after the day of ‘Arafah, he must make tahalul for ‘Umrah as discussed earlier.
This is provided that “he had not stipulated a clause.” If he had stipulated the clause, “If a hindrance were to hinder me, then my place is where You held me back,” and then was afflicted with an illness or a loss of provisions, he has to make tahalul only and there is no blame on him.
By Shaykh Salih ibn Fawzan al-Fawzan
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