he has acted wrongly, and a penalty (kaffarah) is also upon him for failing to fulfill the description of the vow. The analogy of the School (madhhab) dictates that he is required to restart the Hajj while walking, because he failed the specific condition of what was vowed, just as if one vowed to perform consecutive fasting but performed it separately. If he becomes incapable of walking after the Hajj, he performs an expiation, and it suffices him. If he walked part of the way and rode for part of it, then based on this analogy, it is possible that it is like the opinion of Ibn 'Umar, which is that he must perform Hajj and walk the distance he rode, and ride the distance he walked. It is also possible that nothing suffices him except for a Hajj in which he walks for the entire duration (13) of it, because the apparent meaning of the vow necessitates this. The argument for the first opinion is that by omitting the walking he was capable of, no more than one expiation is binding upon him, because walking is [not an intended objective] (14) in Hajj, nor has the Law (Shar') established its consideration in any place, so no more than an expiation is required for omitting it, just as if one vowed to walk barefoot or similar acts. This differs from continuity (tatabu') in fasting, as that is a quality intended within it, which the Law has considered in the expiations for zihar, sexual intercourse, and oaths.

Section: If one vows to perform Hajj while riding, the Hajj is binding upon him in that manner, because it involves expenditure during the Hajj. If he omits riding, an expiation is upon him. The companions of al-Shafi'i said: A blood sacrifice (dam) is binding upon him because he has indulged himself by omitting the expenditure. We have already clarified that what is obligatory for omitting a vow is expiation, not a sacrifice (hady). However, this is if he walked and did not ride while he was capable of doing so; nothing more than an expiation is binding upon him, because riding in itself is not an act of obedience or drawing near to God (qurba). In every instance where one vows to walk or to ride, he is required to initiate that from the immediate vicinity of his home, unless he intends a specific place, in which case it is binding upon him from that place; because a vow is predicated upon its origin in mandatory matters, and the Hajj made mandatory by the origin of the Law is required in the same way. He enters the state of Ihram for the vowed act from the same place he would for the mandatory one. Some Shafi'is said: Ihram is required to be assumed for it (13) from the immediate vicinity of his home, because the completion of the Hajj is as such. Our argument is that an absolute vow is predicated upon what is customary in the Law, and the mandatory Ihram is only from the Miqat. The vowed walking or riding is binding upon him during the Hajj or 'Umrah (15) until he exits the state of Ihram (tahallul); because that is the conclusion of the Hajj and 'Umrah. Ahmad said: He may ride during Hajj once he has performed the Ramy, and during 'Umrah once he has performed the Sa'i; because if he were to have intercourse after that, he would not invalidate the Hajj or 'Umrah. This indicates that it is only binding upon him during the Hajj until the first exit from Ihram (al-tahallul al-awwal).