He assumed Ihram intending to perform Hajj but was prevented from entering the Haram because he had no licence
Q: Five years ago I visited the Kingdom of Saudi Arabia in order to perform `Umrah (lesser pilgrimage), and praise be to Allah I did it. Yet, I did not perform it during the month of Hajj (Pilgrimage), and instead of leaving
to
Egypt,
I stayed in
Jeddah
for six months. Then I thought of performing Hajj in that year, and so I entered into Ihram (ritual state for Hajj and `Umrah) from my residence in Jeddah, made Talbiyah (devotional expressions chanted at certain times during Hajj and `Umrah) and headed for
Makkah
to perform Tamattu` Hajj (`Umrah during the months of Hajj followed by Hajj in the same year with a break in between). At a checkpoint at the entrance of
Makkah,
an officer did not let me in because I did not have permission to enter. He told me that he would not allow me to proceed on my journey for Hajj and instructed me to say at the checkpoint: "Allah-umma in habasani habis fa mahilli Haithu habastani (O Allah, if I am prevented, my destination is where I am prevented)", to terminate my Ihram. So I repeated what he said and took off the garments of Ihram, and I was sent back to
Egypt.
Am I bound to offer a Hady (sacrificial animal offered by pilgrims) in this case, given that I did not repeat the previous provisional statement at the time of Ihram but after it when I was at the checkpoint. If I am bound to offer a Hady, how can I slaughter it at the place where I was prevented, as I am now in Egypt; my homeland, and I do not know anyone who can slaughter a Hady on my behalf at the place where I was prevented. Would you please tell me what I have to do?
A:
You are not to blame for your termination of the Ihram of Hajj and turning back to (Part No. 10; Page No. 386) your country before completing the rites of Hajj, for you had no choice but were forced. The case being as you mentioned,
the ruling of Muhsar (pilgrim prevented from completing Hajj or `Umrah) applies to you. However, since you did not say the provisional statement that reads: "O Allah, if I am prevented, my destination is where I am prevented" when and where you made your Ihram but rather repeated it when you were at the checkpoint at the entrance of
Makkah, it does not count.
This provisional statement becomes of no effect as it did not occur at the time of putting on your Ihram garments and making your intention for Hajj. Therefore, you have to offer a Hady meeting the same conditions for Ud-hiyah (sacrificial animal offered by non-pilgrims). It may be slaughtered wherever you can even in your country, and should be entirely given out to the poor, and you are not allowed to eat from it at all. Then you should have your hair shaved or shortened with the intention of Tahallul (termination of the state of Ihram) and you should repent to Allah for making Tahallul before completing the rites of Hajj and delaying the offering. This is based on the Ayah (Qur'anic verse):
But if you are prevented (from completing them), sacrifice a Hady (animal, i.e. a sheep, a cow, or a camel) such as you can afford, and do not shave your heads until the Hady reaches the place of sacrifice.
[Surah Al-Baqarah 2:196]; and based on the Prophet's (peace be upon him) practice when he was prevented (from entering Makkah) during the year of Hudaybiyah.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
They assumed Ihram f...
