Ruling When Prevented from Completing Hajj or ‘Umrah During the Journey

By: Imran Ayoob Lahori

Definition of Ihsar​

If a person is prevented on the way to Hajj or ‘Umrah due to:

• Illness
• Storm, flood, or other natural disaster
• Enemy blockade
• Any other obstruction

— all such cases are termed Ihsar (being prevented).

Scholarly Views​

• Majority (Jumhoor): Ihsar applies in all the above situations.
• Malik, Shafi‘i, Ahmad: Ihsar only applies when prevented by an enemy.

References: [Al-Umm: 2/342; Al-Mabsut: 4/107; Al-Asl: 2/386; Al-Hawi: 4/357; Al-Khurashi: 2/391; Hashiyat al-Dusuqi: 2/97; Al-Mughni: 5/203; Al-Insaaf: 4/77; Nayl al-Awtar: 3/450]

Correct View​

The majority opinion is stronger, as clarified by authentic hadith.
In such a case:

• The person ends ihram at the place where he is prevented.
• He shaves his head.
• He is permitted marital relations.
• He slaughters his sacrificial animal at the same location.

Difference on Place of Sacrifice​

• Majority: Sacrifice is done at the place of being prevented, following the example of the Prophet ﷺ.
• Abu Hanifah: Sacrifice must be performed in the Haram.

References: [Nayl al-Awtar: 3/453; Al-Mughni: 5/194; Hilayat al-‘Ulama: 3/355; Bada’i‘ al-Sana’i‘: 2/177; Al-Ikhtiyar: 1/167; Al-Kafi: p. 161; Al-Insaaf: 3/517; Hidayat al-Salik: 3/1281]

Is Sacrifice Obligatory for the Prevented Person?​

• Majority: Yes, it is obligatory.
  Evidence: Qur’an — ﴿فَإِنْ أُحْصِرْتُمْ فَمَا اسْتَيْسَرَ مِنَ الْهَدْي﴾ (Al-Baqarah: 196) — and the fact that the Prophet ﷺ himself sacrificed.
• Malik: Not obligatory, as not all companions at Hudaybiyyah had sacrificial animals; if it were obligatory, it would have been binding on all.

Reference: [Nayl al-Awtar: 3/451]