In 2015 hajj, my leg was broken after the last jamara and I had to go to hospital with my wife. We could not perform tawaf az-ziyarah. We returned to our hometown. What should we do now?
Submitted by on Wed, 03/02/2016 - 19:51
Dear Brother / Sister,
The hajj of a person who returned to his hometown after throwing stones at Satan at the last jamara and having a haircut but without performing tawaf az-ziyarah due to becoming ill is not regarded complete. For, tawaf az-ziyarah is an essential part of hajj. Hajj is not regarded to have been completed without performing it. Such a person is regarded as muhsar (detained).
Especially according to Hanafis, being unable to complete the duties of ihram after entering ihram due to an illness, being imprisoned, fear of enemy, etc is called ihsar. A person who undergoes such things is called muhsar.
A person who becomes muhsar has to slaughter an animal within the boundaries of Haram. He cannot exit ihram without slaughtering an animal or having an animal slaughtered. Since he is regarded in ihram before slaughtering an animal, the ihram prohibitions are valid for him. If he does not act in accordance with those prohibitions, some penalties become necessary.
However, if a person becomes muhsar afterthrowing stones at Satan at the last jamara and having a haircut, the first tahallul occurs for him and anything except sexual intercourse with his spouse becomes permissible for him. It is necessary for him to return to Makkah and perform tawaf az-ziyarah. It is definitely forbidden for such a person to have a sexual intercourse with his wife before he performs tawaf az-ziyarah. (see Ibn Abidin, 2/553, 593; al-fiqhu ala’l-Madhahibi’l-Arbaa, 1/630; al-Mawsuatu’l-Fikhiyya, 2/199-201)
The following information is given in Diyanet İslam Ansiklopedisi regarding the issue:
“As for a person who was detained from tawaf which is fard after performing waqfa al-Arafat, according to Hanafis, Malikis and Zaydis, such a person is not regarded as muhsar and has to wait in ihram until he performs tawaf. According to Shafiis, he exits ihram and he does not have to make hajj again. Hanbalis say a person who is detained after waqfa and before throwing stones at Satan can exit ihram; however, if he performed the duty of throwing stones, he needs to wait without exiting ihram and complete hajj when the obstacle is removed.
Ihsar has two fiqh outcomes as exiting ihram and completing the parts of the hajj that were missed due to ihsar. A person can exit ihram only after completing hajj or umrah. However, muhsar is prevented from it; therefore, according to the majority of fiqh scholars, he slaughters an animal with the intention of exiting ihram; according to some Hanafis, and all Shafiis and Hanbalis, he exits ihram by also having a haircut.
According to Malikis, the intention to exit ihram is enough; to slaughter an animal is sunnah. A person who enters ihram for umrah or hajj al-ifrad slaughters one animal; a person who makes niyyah for hajj al-qiran slaughters two animals according to Hanafis; but according to the majority of fiqh scholars, he slaughters one animal for ihsar (hady al-ihsar).
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