What Do You Do in the Following Cases? - I
24/09/2010| IslamWeb
Some unforeseen situations may arise during Hajj, and in order to deal with them the pilgrim needs to know the ruling according to the Sharee‘ah (Islamic legislation) on any of them. This enables him to behave in the most fitting manner and keeps him away from committing what is forbidden, and makes him complete his rites safely without troubling himself, or overburdening him with what is beyond his capacity.
These matters are no more than the juristic rulings that can be found throughout the Hajj section on our site. However, we have singled out some of them here since the need for them is felt more, and questions about them recur.
A pilgrim might pass the Meeqaat (place where the pilgrim assumes Ihraam) without assuming Ihraam (sacral state), although he has the intention to perform Hajj or ‘Umrah (lesser pilgrimage):
In this case, he has to return to the Meeqaat and assume Ihraam from there, unless he has a valid excuse like illness, fear, (probability of) missing Hajj, or separation from the company. In this case, he may assume Ihraam from wherever he is, and a Fidyah (ransom) of slaughtering a sacrificial animal becomes due on him for leaving the obligation of assuming Ihraam from the Meeqaat. But if he has no valid excuse and, at the same time, does not return to the Meeqaat, a sacrificial animal is due on him, but in this case he bears sin.
One might assume Ihraam for ‘Umrah during the months of Hajj with the intention to follow it by Hajj (i.e. Hajj At-Tamattu’), but he is not able to complete ‘Umrah before standing at ‘Arafah:
A typical case is when a woman assumes Ihraam for ‘Umrah during the months of Hajj with the intention to follow it by Hajj, and is unable to do so due to menstruation or post-partum bleeding before performing Tawaaf, and does not get purified before the time of standing at ‘Arafah comes. In this case, she should intend to include the (rites of) ‘Umrah in (those of) Hajj, and perform Hajj Al-Qiraan (instead of Hajj At-Tamattu’), continue in her state of Ihraam and do the same as a pilgrim does, performing neither Tawaaf around the House nor Sa‘y between Safa and Marwah until she attains purity from menses and makes Ghusl (ritual bath). A similar example is that if a man assumes Ihraam for ‘Umrah during the months of Hajj with the intention to follow it by Hajj, and is impeded by an obstruction which prevents him from entering Makkah before the day of ‘Arafah; in this case, he should intend to include the (rites of) ‘Umrah with (those of) Hajj, and perform Hajj Al-Qiraan (instead of Hajj At-Tamattu’), continue in his state of Ihraam and do the same as a pilgrim does.
If one, on assuming Ihraam, fears that something might impede him/her from completing the rites, like an illness, an enemy, or prevention by the authorities, or the like of that:
In this case, he/she has the right to put a condition on assuming Ihraam, saying, for instance, “And if an impediment detains me, then, I will dissolve (my Ihraam) wherever/whenever You (O Allah) detain me.”
This is based on the Hadeeth (narration) narrated on the authority of Dhubaa‘ah bint Az-Zubayr 
that she said, “O Messenger of Allah! I am ill and I want to perform Hajj.” The Prophet 
said: “Assume Ihraam for Hajj, and put a condition that ’I will dissolve my Ihraam wherever or whenever You detain me.’” [Muslim] Thus, if one is exposed to such impediment, he has the right to dissolve his Ihraam and no sacrificial animal is due on him.
If a pilgrim could not stand at ‘Arafah until the dawn of the day of An-Nahr (tenth day of Thul-Hijjah) breaks:
In this case, he has missed Hajj, based on the statement of Jaabir 
“One will not miss Hajj until the dawn of the night of Muzdalifah rises on him (and he has not stood at ‘Arafah).” Abu Az-Zubayr 
said, "I asked, 'Did the Messenger of Allah say that?' he answered in the affirmative." [Al-Athram]
But if one has put a condition, on assuming Ihraam, that he would dissolve his Ihraam wherever or whenever he would be detained, then, he may dissolve it, and nothing is due on him. Thus, he may put on his clothes and return to his family. But if he has not put such condition on assuming Ihraam, then he has to terminate his Ihraam with ‘Umrah, i.e., to perform Tawaaf and Sa‘y, and have his head shaved or his hair cut short, on condition that he should compensate that Hajj (in the coming year), whether the missed Hajj is obligatory or supererogatory, according to the opinion of the majority of scholars. Moreover, a sacrificial animal is due on him to be offered in the same year he will perform compensatory Hajj.