departure, or depletion of provisions, he shall send a sacrificial animal, if he has one, to be slaughtered in Makkah, and he shall remain in his state of ihram until he is able to reach the House.)
The famous position in the school is that for whoever is unable to reach the House for reasons other than the hindrance of an enemy—such as illness, lameness, depletion of provisions, and the like—it is not permissible for him to exit ihram on that account. This was narrated from Ibn Umar, Ibn Abbas, and Marwan. It is also the opinion of Malik, al-Shafi'i, and Ishaq. There is another narration from Ahmad: it is permissible for him to exit ihram on that account. A similar view was narrated from Ibn Mas'ud, and it is the opinion of 'Ata', al-Nakha'i, al-Thawri, the proponents of opinion (Ashab al-Ra'y), and Abu Thawr; because the Prophet (peace and blessings of Allah be upon him) said: "Whoever is injured or becomes lame has exited ihram, and he owes another Hajj." This was narrated by al-Nasa'i. Furthermore, he is a hindered person (muhsar), thus falling under the generality of the saying of the Almighty: "And if you are hindered, then there is whatever is easy of the sacrifice." This is confirmed by the fact that the linguistic term for hindrance (ihsar) is specifically used for illness and the like; it is said: "Illness has hindered (ahsarahu) him, so he is a hindered person (muhsar)," whereas: "The enemy has obstructed (hasarahu) him, so he is an obstructed person (mahsur)." Thus, the wording is explicit regarding the matter in dispute, and being obstructed by an enemy is measured by analogy (maqis) to it. Moreover, he is blocked from the House, so he resembles one who has been blocked by an enemy. The reasoning for the first view is that he does not derive any benefit from exiting ihram, nor is he freed from the harm that he is experiencing, unlike the case of being obstructed by an enemy. Furthermore, the Prophet (peace and blessings of Allah be upon him) visited Duba'ah bint al-Zubayr, and she said: "I intend to perform Hajj, but I am ailing." He said: "Perform Hajj and stipulate that my place of exiting ihram is
(1) In A, B, and M: "other than" (bi-ghayr). (2) In A: "due to illness" (li-marad). (3) In: Chapter on one who is hindered by an enemy, from the Book of Rituals. Al-Mujtaba 5/156, 157. It was also reported by Abu Dawud, in: Chapter on Hindrance (al-Ihsar), from the Book of Rituals. Sunan Abi Dawud 1/431; and al-Tirmidhi, in: Chapter on what is related concerning him who... from the Chapters on Hajj. 'Aridat al-Ahwadhi 4/168; and Ibn Majah, in: Chapter on the Hindered Person, from the Book of Rituals. Sunan Ibn Majah 2/1028; and al-Darimi, in: Chapter on one who is hindered by an enemy, from the Book of Rituals. Sunan al-Darimi 2/61; and Imam Ahmad, in: Al-Musnad 3/450. (4) Surah al-Baqarah 196.