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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 5 · صفحة 196فصل

الترجمة · EN

Section: If it is possible for the hindered person to reach [his destination] by another route, it is not permitted for him to exit the state of ihram, and he is obligated to take that route, whether it is far or near, and whether he fears the loss of the Hajj or not. If he was in a state of ihram for 'Umrah, he will not miss it, but if he was in ihram for Hajj and it has passed him, he shall exit the state of ihram by performing an 'Umrah. Similarly, if the hindered person does not exit the state of ihram until he is released, he is obligated to perform the Sa'y, even if it is after the Hajj time has passed, in order to exit the state of ihram by an 'Umrah. Then, is he obligated to perform a makeup (qada') if the Hajj has passed him? There are two narrations: The first is that he is obligated, like one who missed it due to taking the wrong path. The second is that it is not mandatory, because the cause of missing it is the hindrance, resembling one who could not find another path (5), unlike the one who made a mistake.

Section: As for the one who cannot find another path and exits the state of ihram, there is no makeup required of him unless it was an obligatory one he is performing as a result of a previous obligation, according to the correct view of the school. Malik and al-Shafi'i held this view. From Ahmad, there is a view that he is required to perform the makeup. This was narrated from Mujahid, 'Ikrimah, and al-Sha'bi, and Abu Hanifah also held this view; because when the Prophet (peace be upon him) exited the state of ihram during the time of al-Hudaybiyyah, he performed it as a makeup the following year, and it was named the 'Umrah of the Qadiyyah (the Settlement). Also, because he exited his ihram before completing it, therefore a makeup became obligatory for him, just as if he had missed the Hajj. The reasoning for the first view is that it was a supererogatory act from which it was permissible to exit while the time was still appropriate, so its makeup is not mandatory, just as if one entered into a fast thinking it was obligatory, but it was not. As for the report, those who were blocked were one thousand and four hundred, and those who performed 'Umrah with the Prophet (peace be upon him) were a small group, and it was not transmitted to us that the Prophet (peace be upon him) commanded anyone to perform a makeup. As for naming it the 'Umrah of the Qadiyyah, it only refers to the Qadiyyah (case/agreement) which they compromised on and agreed upon; if they had intended anything else, they would have said: 'Umrah of the Qada' (Makeup). It differs from the case of missing the Hajj, for in that case, one is negligent, unlike our issue.

Section: If the hindered person is able to provide the sacrificial animal, he is not permitted to exit the state of ihram before slaughtering it. If he has a sacrificial animal that he had driven along, it suffices him. If he does not have one, he is obligated to purchase one if possible, and it suffices him with the minimum

الحواشي

(5) Omitted from [version] 'Mim'.

السابقمجلد 5 · صفحة 196التالي
السابق5·196التالي