Ahmad. If the Hajj time passes him by, his ruling is the same as the ruling of one whose Hajj time passed him by without hindrance. Malik said: He exits to the hill (sanctuary boundary), and performs what the person performing 'Umrah performs. If he wishes to appoint a deputy to complete the Hajj rituals on his behalf, it is permitted for voluntary Hajj; for it is permissible to appoint a deputy for the entirety of it, so it is permitted for a portion of it. It is not permitted in the obligatory Hajj, unless he despairs of being able to perform it throughout his life, just as in the case of the entire Hajj.

Section: If the hindered person exits ihram from Hajj, and then the hindrance is removed, and he becomes able to perform Hajj, he is obligated to do so if it is the Hajj of Islam, or if we say that making up the Hajj (qada') is obligatory, or if the Hajj was generally obligatory; because Hajj is obligatory to perform immediately. If the Hajj was not obligatory, and we do not hold the opinion that making it up is obligatory, then he incurs nothing, like one who had not entered ihram.

Section: If one is hindered during an invalid Hajj, he is permitted to exit ihram; for if he is permitted to exit ihram in a valid Hajj, it is even more appropriate for an invalid one. If he exits ihram, and then the hindrance is removed while there is still time left, he may perform the make-up (qada') in that same year. Performing the make-up in the same year that the Hajj was invalidated is not conceivable in any other issue besides this one.

605 - Issue: He said: "If he does not have a sacrificial animal and cannot afford one, he fasts ten days, then exits ihram."

The totality of this is that if the hindered person is unable to provide a sacrificial animal, he shifts to fasting ten days, then exits ihram. This is the opinion of al-Shafi'i in one of his two sayings. Malik and Abu Hanifah said: He has no substitute, for it was not mentioned in the Quran. Our argument is that it is a penalty (dam) obligatory for the sake of ihram, so it has a substitute, just like the penalty for Tamattu', perfume, and clothing. The absence of a text explicitly mentioning it does not prevent drawing an analogy to others in this regard. The shift to fasting ten days becomes fixed, just like the substitute for the Hajj al-Tamattu' sacrifice, and he is not permitted to...