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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 5 · Page 206

Translation · EN

As for our evidence, it is the generality of the words of the Almighty: {And complete the Hajj and 'Umrah for Allah} (3). It is also the view of those we named among the Companions, and we do not know of any who opposed them. Furthermore, it is a situation for which make-up (qada') becomes due, so one does not exit from it due to it, just like missed Hajj (fawat). The report [cited by Dawud] does not bind us, because proceeding in it is by the command of Allah, and the make-up is only due because he did not perform it in the manner that became binding upon him by the ihram. We specify Malik's view by noting that it is a Hajj from which he cannot exit by [mere] removal, so he does not exit from it into an 'Umrah, just as in a valid Hajj.

Once this is established, he does not become permissible (halal) from the invalid [Hajj]; rather, it is obligatory upon him to perform, after the invalidation, everything he would perform before it. The requirements associated with the Standing (wuquf) are not dropped from him, such as staying overnight in Muzdalifah and the stoning (ramy). He must avoid, after the invalidation, everything he avoided before it, such as sexual intercourse a second time, killing game, using perfume, wearing prohibited clothing, and the like. He is liable for the ransom (fidyah) for the violation against the [invalid] ihram [just as the ransom for the violation against the] (6) valid [ihram].

As for the Hajj from the following year, it is binding upon him in any case. However, if the Hajj that he invalidated was one that was obligatory by the foundation of the Law, by a vow, or as a make-up, then the Hajj performed the following year shall serve as the required performance (mujzi'ah); because when a make-up is joined to the invalid one, it suffices (7) for what the first would have sufficed for had he not invalidated it. But if the invalidated Hajj was a supererogatory one, its make-up is obligatory; because by entering the state of ihram, the Hajj became obligatory upon him, and when he invalidated it, its make-up became obligatory, just like a vowed Hajj, and the make-up must be done immediately. We know of no opponent to this; because...

Notes

= from the Book of Settlements; and in: The Chapter on If the pregnant woman exerts ijtihad..., from the Book of Holding Fast (al-I'tisam). Sahih al-Bukhari 3/91, 241, 9/132. And Muslim, in: The Chapter on Reversing Judgments..., from the Book of Judicial Rulings. Sahih Muslim 3/1343, 1344. And Abu Dawud, in: The Chapter on Adherence to the Sunnah, from the Book of the Sunnah. Sunan Abi Dawud 2/506. And Ibn Majah, in: The Chapter on Reverence for the Hadith of the Messenger of Allah (peace and blessings of Allah be upon him)..., Introduction 1/7. And Imam Ahmad, in: al-Musnad 6/146, 180, 256. (3) Surah al-Baqarah 196. (4) In the original: "the meaning". (5) In the original: "by the ihram". (6) Omitted from the original. A scribal error. (7) In the original: "suffices".

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