The ruling on whoever is prevented from performing Hajj before assuming Ihram

Question

What is the ruling if the person sets out to perform Hajj or 'Umrah and he is prevented from going forth on the way to Hajj by a group or band of people who are breaking the law (i.e., robbers, kidnappers, etc.), for example?

Answer

Whoever is prevented from performing Hajj by an enemy or those who commit aggressions on the road, must fall into either the category of that being before he assumes Ihram or after it. If the Muslim sets out to perform Hajj or 'Umrah and an enemy prevents him from reaching Makkah before he assumes Ihram, he returns to his family (i.e., his homeland) and nothing is due on him and he is rewarded for his intention. He must make haste in performing the obligation of Hajj if the road is safe to do so.

If he sets out to perform Hajj or 'Umrah, then he reaches the Miqat and assumes Ihram, then enemies prevent him or hinder him from reaching the House (the Ka'bah), then he must slaughter a sheep and then remove his Ihram like the person who is prevented. This is the person who is mentioned in le Statement of Allah, the Most High:

"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)

If he cannot slaughter a sheep, he remains in his Ihram and fasts 10 days and then removes his Ihram. If he stipulated a condition when he assumed Ihram by saying: "If something prevents me, then my place of removing Ihram is wherever You (Allah) stop me," nothing is due on him if he is prevented. Rather, it is permissible for him to remove his Ihram due to being restricted without having to sacrifice an animal.

Ash-Shaykh Ibn Jibreen (Rahimahullah)

Reference: Fatawa Islamiyah Volume 4 Page 265