Once this is established, he brings the sacrifice in the year of the make-up, if we say that make-up is obligatory, [otherwise he brings it in the same year. And if he has with him a sacrifice that he has driven, he slaughters it, and it does not suffice for him, if we say that make-up is obligatory] (18), rather he also owes a sacrifice in the second year. Ahmad stated this textually, due to the hadith of 'Umar that we mentioned (19). The sacrifice is what is available (ma istaysara), like the sacrifice for Tamattu'; also due to the hadith of 'Umar. The one performing Tamattu', the one performing Ifrad, the one performing Qiran, the Meccan, and others are equal in what we have mentioned, because the missing of Hajj encompasses all.

Section: If the one who missed the Hajj chooses to remain in his ihram in order to perform the Hajj the following year, he may do so. This was reported from Malik; because the extension of time between the ihram and the performance of the ritual does not prevent its completion, just like the 'Umrah and one who enters ihram for Hajj outside of its months. It is possible that he does not have this right. This is the view of al-Shafi'i, the scholars of reason (Ahl al-Ra'y), Ibn al-Mundhir, and one narration from Malik; due to the apparent meaning of the report, the statement of the Companions (may Allah be pleased with them), and because (20) the ihram for Hajj becomes valid outside of its months, thus becoming like one who enters ihram for an act of worship before its time.

Section: If the one performing Qiran misses the Hajj, he exits ihram, and he owes the like of what he entered into ihram for, to be performed the following year. Ahmad stated this textually. This is the view of Malik, al-Shafi'i, Abu Thawr, and Ishaq. It is possible that what he performed would suffice for the 'Umrah of Islam, and he would not be bound by anything except the make-up of the Hajj; because he has not missed anything else. The scholars of reason and al-Thawri said: He performs tawaf and sa'i for his 'Umrah, then he does not exit ihram until he performs tawaf and sa'i for his Hajj. However, Sufyan said: And he should slaughter an animal. [The basis for the first view is that] (21) the make-up is obligatory according to the way the performance was, in its form and meaning, so it must be the same here. He owes two sacrifices: one sacrifice for the Qiran, and a sacrifice for missing the Hajj. This is the position held by Malik and al-Shafi'i. It is said: