Ruling on Being Prevented from Entering Makkah Without a Ḥajj Permit After Iḥrām

Ruling on Entering Makkah Without a Ḥajj Permit After Donning Iḥrām
Source: Fatāwā Arkān al-Islām


❖ Scenario​


If a person puts on iḥrām from the mīqāt for Ḥajj but, upon arrival at Makkah, is stopped at the checkpoint due to not having a Ḥajj permit, he is considered mahṣūr (prevented from reaching the Ḥaram).


❖ Sharʿī Ruling for the Mahṣūr​


  • He must slaughter a sacrificial animal (hady) at the place where he was stopped.
  • After offering the hady, he may exit the state of iḥrām.

❖ If the Ḥajj Was Obligatory or Voluntary​


  • If it was the obligatory Ḥajj (Ḥajj al-Islām):
    He must perform it in the future as part of the original obligation, not as a make-up (qaḍāʾ).
  • If it was a voluntary Ḥajj:
    The stronger opinion is that nothing further is required after exiting iḥrām.

❖ Evidence from the Sunnah​


This situation occurred with the Companions at al-Ḥudaybiyyah, when they were barred from entering Makkah.


  • The Prophet ﷺ did not command them to make up that ʿUmrah later as a qaḍāʾ for a missed act of worship.

❖ Qur’ānic Evidence​


Allah ﷻ says:


﴿فَإِن أُحصِرتُم فَمَا استَيسَرَ مِنَ الهَدىِ﴾
“But if you are prevented, then (offer) whatever sacrificial animal is easy (for you).”
(Al-Baqarah 2:196)


The verse mentions only the requirement of a sacrifice—no further obligations are mentioned.


❖ Clarification on “ʿUmrat al-Qaḍāʾ”​


The ʿUmrah known as ʿUmrat al-Qaḍāʾ is not called qaḍāʾ because it was a replacement for a missed act,


  • but because it took place after a treaty (muqāḍāh) with the Quraysh, hence the name.

وَاللّٰهُ أَعْلَمُ بِالصَّوَاب
 
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