Rather, if it was an obligatory one, he performs it out of the prior obligation, and if it was a voluntary one, it lapses. This was reported from 'Ata', and it is one of the two narrations from Malik; because when the Prophet (may Allah bless him and grant him peace) was asked about Hajj more than once, he said: "Nay, but once." (12) If we were to make the make-up (qada') obligatory, it would be more than once. Furthermore, he is excused in omitting the completion of his Hajj, so the make-up is not incumbent upon him, similar to the one who is prevented from proceeding (muhsar). (13) Also, because it is an act of voluntary worship, its make-up is not required, like other voluntary acts. The basis for the first narration is what we mentioned from the hadith and the consensus of the Companions. Al-Daraqutni (14) recorded, with his chain of narration, from Ibn Abbas who said: The Messenger of Allah (may Allah bless him and grant him peace) said: "Whoever misses 'Arafat has missed the Hajj; so he should exit ihram with an 'Umrah, and Hajj is incumbent upon him the following year." And because Hajj becomes binding upon commencing it, it becomes like a vow (nadhr), unlike other voluntary acts. As for the hadith, he meant the Hajj which is obligatory by the origin of the Shari'ah, which is one Hajj; whereas this one only becomes obligatory due to his making it obligatory by starting it, so it is (15) like a vowed Hajj. As for the prevented person (muhsar), he is not attributed to negligence, unlike the one who misses the Hajj. When he performs the make-up, the make-up suffices for the obligatory Hajj; we know of no disagreement regarding this, because if the make-up Hajj were completed, it would suffice for the Hajj that was obligatory upon him, and thus its make-up is the same, as the make-up takes the place of the performance (ada').

The fourth section is that a sacrifice (hady) is incumbent upon the one who misses the Hajj, according to the more correct of the two narrations. This is the view of the Companions and jurists we have named, except for the scholars of reason (Ahl al-Ra'y), for they said: No sacrifice is upon him. This is the second narration from Ahmad; because if missing the Hajj were a cause for the obligation of a sacrifice, it would be incumbent upon the prevented person (muhsar) (16) to offer two sacrifices: one for missing the Hajj and one for the prevention (ihsar). Our evidence is the hadith of 'Ata' and the consensus of the Companions, and because he exited his ihram before completing it, a sacrifice became incumbent upon him, [like the prevented person, and the prevented person] (17) did not miss his Hajj, for he exits ihram before its missing occurs.