Persons Who are Prevented From Completing the Pilgrimage Due to Illness and the Like
#445: By "mahsūr" is meant a person who has entered the state of ihrām and then is not able to get to the Holy Places because of illness or for other reasons.
#446: If a pilgrim is prevented from completing the ´Umratu-l-Mufradah or the ´Umratu-t-Tamattu´ and wishes to quit the state of consecration, they are obligated to send an animal or its price to Mecca and have the messenger promise to slaughter the sacrificial animal at a particular time. At the given time, the pilgrim must cut or shave their hair, and in doing so they are quitting the state of consecration. If they do not have the ability to send a sacrificial animal or its price due to the fact that they cannot find anyone who would take it with them, they are permitted to slaughter it wherever they currently are and thereby quit the state of consecration after having cut or shaved their hair. If the pilgrim is prevented from performing the pilgrimage by illness, the same rules apply as mentioned above. However, the place specified for the sacrifice is Mina and the day scheduled for the slaughtering is the day of the festival. In all of the above-mentioned cases, the impeded pilgrim is released from the prohibitions except for the prohibition against engaging in intimate contact with their marital partner. In both cases, Hajj and ´Umrah, they are not free from this prohibition until they have finished the ṯawāf and the sa´ī.
#447: If a pilgrim is taken ill during the ´Umrah and sends their animal to be sacrificed, but then later gets well and is able to continue on their way to Mecca before their sacrificial animal has been slaughtered, they should complete their ´Umrah if it is the ´Umratu-l-Mufradah. If it is the ´Umratu-t-Tamattu´ and the pilgrim is able to finish the ceremonies before noon of the day of Arafat, they should do so. Otherwise, their Hajj automatically turns into Hağğu-l-Ifrād.
The same rules apply if the pilgrim did not send an animal for slaughtering but waited out their recovery in order to continue their pilgrimage.
#448: If a pilgrim is taken ill and sends a sacrificial animal but then their condition gets better and they feel able to continue the pilgrimage and their sacrificial animal has not yet been slaughtered, they are obligated to perform the ceremonies. If they have carried out the two stays, especially the one in Muzdalifah, they have to perform the Hajj as described above. The pilgrim concludes the ceremonies.
However, if they were unable to perform the two stays and the slaughter has not yet taken place, their Hajj turns into ´Umratu-l-Mufradah. But if the slaughter has taken place, they have to quit the state of consecration by cutting or shaving their hair. The intimate contact with their marital partner remains prohibited until they have carried out the ṯawāf, the prayers and the sa´ī for the Hajj or the ´Umrah.
#449: If someone is kept from performing the ṯawāf and the
sa´ī because they are ill, they may appoint a representative to carry them out on their behalf and then, after the representative has completed the ṯawāf, the pilgrim has to recite the prayers. If their illness prevented them from going to Mina in order to perform the ceremonies there, they have to assign someone to throw the stones and to perform the sacrifice. Then they have to cut or shave their hair and – if possible – send their hair to Mina. Afterwards, they should complete the other ceremonies.
#450: If someone is prevented from proceeding with the pilgrimage, sends an animal for slaughter and then they get a head malady before the animal arrives at the place of the slaughter, they are permitted to shave their head. If they do so, they have to slaughter a sheep at the place where they currently are or fast for three days or supply six needy people with food, each one receiving approx. one and a half kilos of food.
#451: If a pilgrim is prevented from continuing on the Hajj or the ´Umrah because of an illness and they quit the state of consecration by performing the sacrifice, this does not count as an equivalent of the Hajj or the ´Umrah. If the intention was set for an obligatory pilgrimage, the obligation to make it remains effective.
#452: A pilgrim, who is detained by illness and who neither sacrificed an animal nor paid the required sum, has to fast for 10 days.
#453: If a pilgrim who is in the state of consecration is not able to proceed to the Holy Places to perform the ceremonies for the Hajj or the ´Umrah, for reasons other than those stated above, and they had wanted to undertake the ´Umratu-l-Mufradah, they should – as a precautionary measure – slaughter a sacrificial animal where they currently are, cut or shave their hair and thereby quit the state of consecration.
The same rules are to be applied to the ´Umratu-t-Tamattu´ if the pilgrim is unable to bring their Hajj to a termination. Otherwise, it is evident that their obligation turns into Hağğu-l-Ifrād. However, if they are performing Hajj and they are not in a position to stay in Arafat and Muzdalifah, especially in Muzdalifah, then they quit the ihrām via the ´Umratu-l-Mufradah.
If the pilgrim is unable to get to Mecca in order to perform the ṯawāf and the sa´ī or they cannot get to Mina to carry out the ceremonies, then #449 applies to them.
#454: Some scholars hold that a pilgrim who wants to undertake the Hajj or the ´Umrah and who has no sacrificial animal with them is dismissed from the state of consecration if they had made their state of consecration to Allah the Almighty subject to the condition that Allah release them wherever they are prevented from continuing their pilgrimage.
If it then happens that something gets in their way, like an illness or an enemy, which hinders them from getting into the Holy Mosque or to the two places where they should perform the stays, this condition becomes effective and the pilgrim is completely dismissed from the state of consecration. They neither have to sacrifice nor to cut or shave their hair in order to quit the state of consecration. Nor do they need to perform the ṯawāf and the sa´ī in order to be allowed to be intimate with their marital partner.
Although there are sources supporting this interpretation, as a precaution, the pilgrim should observe the rules for the discharge from the state of consecration as described above under the topic of the two kinds of hindrance.