He performed Hajj and did not stipulate a Condition, then an Obstacle arose in his Path

Question

Someone crosses the Miqat (place of entering Ihram) reciting the Talbiyyah for Hajj and 'Umrah, and he does not stipulate a condition. Then, an obstacle arose, such as sickness and something similar to it, which prevents him from completing his rites, what is he required to do?


Answer

This is the one who is prevented (Muhsar), if he did not stipulate a condition (at the time of entering Ihram, to excuse him if he is prevented from completing the rites by sickness etc.), and then something happens to him which prevents him from completing the rites. If it is possible to be patient then he should do so, perhaps the effect of what happened to him will cease, thus enabling him to complete (the rites of Hajj or 'Umrah). If he is not able to do that, then he is considered as one who is prevented (Muhsar) according to the c0rrect opinion. Allah says, concerning the one who is prevented:

"But if you are prevented (from completing Hajj or 'Umrah), sacrifice a Hady (animal, i.e., a sheep, a cow or a camel) such as you can afford…(Surah Al-Baqarah 2: 196)

The correct opinion is that being prevented can occur from the enemy (preventing you) or by other than the enemy. He should sacrifice an animal, shave or cut his hair and remove the Ihram.

This is the ruling concerning the one who is prevented. He must slaughter a sacrificial animal at the place where he has been held up, no matter if it is in the Haram (sacred precinct) or outside of it. The meat should be given to the poor in his place (where he is held up), even if it is outside of the sacred precinct. If it is not possible to give it to anyone in that place, it should be transferred to the poor people in the sacred precinct, or the poor in the surrounding area, or the poor in some of the villages. Then, he should shave or cut his hair and remove the Ihram. If he is not able to slaughter a sacrificial animal, then he should fast ten days and then shave or cut his hair and remove the Ihram.


Ash-Shaykh Ibn Baz (Rahimahullah)

Reference: Fatawa Islamiyah Volume 4 Pages 262-263