Shaykh Safi ur-Rahman Mubarakpuri
645 Lexical Explanation:
The “fa” in «باب الفوات والاحصار» «فوات» has a fatha, meaning the statement of the person who has donned the ihram for Hajj but is unable to perform Hajj, such as a person who could not reach Arafat at the time when standing at Arafat is necessary and obligatory. The meaning of “ihsar” is to be prevented or obstructed, such as when someone falls ill or an enemy comes between him and the House of Allah, creating an obstacle that prevents him from reaching the House of Allah. When it becomes impossible to reach due to the enemy, this obstruction and prevention by the enemy is called «حصر».
«احصر» is in the passive form, meaning you were prevented from performing ‘umrah. This incident occurred at the time of the Treaty of Hudaybiyyah in the 6th year of Hijrah. This hadith is evidence that when a «محصر» is prevented, he should exit the state of ihram and become lawful (halal) at that very place, and offer his sacrificial animal there.
«حتي اعتمرا عاما قابلا» until he performed ‘umrah the following year. This does not prove that making up (qada) for the ‘umrah is obligatory. At most, it only reports that you performed ‘umrah, and this does not necessitate obligation. In fact, it does not even necessarily mean that your ‘umrah was a make-up for the previous ‘umrah; rather, it was an independent, separate ‘umrah. The name ‘umrat al-qada or ‘umrat al-qadiyyah was given only because “qada” means decision, and at the time of Hudaybiyyah, it was decided that the Muslims would return that year and come the following year.
Benefits and Issues:
➊ This hadith alludes to the incident of the Treaty of Hudaybiyyah. In the 6th year of Hijrah, the Messenger of Allah (sallallahu alayhi wa sallam) donned the ihram and, accompanied by his companions, set out towards Makkah. The polytheists prevented them from advancing at the place of Hudaybiyyah. The Prophet (sallallahu alayhi wa sallam) exited the state of ihram there, offered the sacrifice, and had his head shaved. The companions (radi Allahu anhum) also, after a brief hesitation, exited their ihram, and those who had sacrificial animals performed the slaughter and sacrifice there.
➋ What things are counted as «احصار»? The majority say that anything that prevents or obstructs the performance of Hajj or ‘umrah constitutes ihsar. However, some say that ihsar only occurs in the case of being prevented by an enemy.
➌ There is also a difference of opinion regarding the sacrifice of «محصر». The majority of scholars hold that the sacrifice should be performed at the place where the ihram is exited, whether that place is «حل» or «حرم», and this is the stronger opinion. According to the Hanafis, the sacrifice must in all cases be slaughtered or sacrificed within the Haram, and it should be sent there through someone.
➍ Another opinion is that if it is not possible to send the sacrificial animal to the Haram, then it should be slaughtered wherever it is.
➎ As for the issue of whether the sacrifice is obligatory upon the one prevented (muhsar) or not, most scholars consider it obligatory, but Imam Malik (rahimahullah) is of the opinion that it is not obligatory, because not all the companions of the Prophet (sallallahu alayhi wa sallam) had sacrificial animals (hady) with them. If it had been obligatory, then it would have been obligatory for all, whereas this is not established, and this appears to be the stronger view.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 645