he is impeded by an obstacle, such as an enemy, illness, exhaustion of provisions, or similar, he has the right to exit ihram. The second is that whenever he exits ihram through this, there is no blood sacrifice upon him nor fasting. Among those from whom it was reported that they held the view of stipulating at the time of ihram are: Umar, Ali, Ibn Mas'ud, and Ammar. This view was also adopted by 'Ubaydah al-Salmani, Alqamah, al-Aswad, Shurayh, Sa'id ibn al-Musayyib, 'Ata' ibn Abi Rabah, 'Ata' ibn Yasar, Ikrimah, and al-Shafi'i while he was in Iraq. It was rejected by Ibn Umar, Tawus, Sa'id ibn Jubayr, al-Zuhri, Malik, and Abu Hanifah. From Abu Hanifah it is reported that the stipulation provides the benefit of remitting the blood sacrifice, whereas the exiting of ihram is fixed according to him in every case of constraint (ihsar). They argued that Ibn Umar used to reject the stipulation, saying: "The Sunnah of your Prophet, may Allah bless him and grant him peace, is sufficient for you." And because it is an act of worship that is mandatory by the origin of the Shari'ah, the stipulation does not benefit it, like fasting and prayer. Our position is what 'A'ishah, may Allah be pleased with her, narrated: She said that the Prophet, may Allah bless him and grant him peace, visited Duba'ah bint al-Zubayr, and she said: "O Messenger of Allah, I intend to perform Hajj, and I am ailing." The Prophet, may Allah bless him and grant him peace, said: "Perform Hajj, and stipulate that my place of exiting ihram is wherever You restrain me." Agreed upon (3). From Ibn Abbas, that Duba'ah came to the Prophet, may Allah bless him and grant him peace, and said: "O Messenger of Allah, I intend to perform Hajj, so what should I say?" He said: "Say: Labbayk Allahumma labbayk, and my place of exiting ihram is from the earth wherever You restrain me. For you have upon your Lord what you have stipulated." Reported by Muslim (4). There is no speech for anyone alongside the speech of the Messenger of Allah, may Allah bless him and grant him peace, so how can it be opposed by the speech of Ibn Umar? And even if there were no hadith regarding it, the speech of the two Rightly Guided Caliphs, along with those we have mentioned of the jurist Companions, would be more appropriate than the speech of Ibn Umar.
(3) Recorded by al-Bukhari, in: The Chapter on equivalence in religion... from the Book of Marriage. Sahih al-Bukhari 7/9. And Muslim, in: The Chapter on the permissibility of the muhrim (one in ihram) stipulating the exit from ihram due to the excuse of illness or the like, from the Book of Hajj. Sahih Muslim 2/867, 868. It was also recorded by al-Nasa'i, in: The Chapter on what one should say if one stipulates, from the Book of Rites. Al-Mujtaba 5/131. And Ibn Majah, in: The Chapter on the condition in Hajj, from the Book of Rites. Sunan Ibn Majah 2/979, 980. And Imam Ahmad, in: Al-Musnad 6/164, 202, 349, 360, 420. (4) In: The Chapter on the permissibility of the muhrim stipulating the exit from ihram due to the excuse of illness or the like, from the Book of Hajj. Sahih Muslim 2/868. It was also recorded by Abu Dawud, in: The Chapter on the condition in Hajj, from the Book of Rites. Sunan Abi Dawud 1/411. And al-Tirmidhi, in: The Chapter on what has been reported regarding the condition in Hajj, from the Chapters of Hajj. 'Aridat al-Ahwadhi 4/170. And al-Nasa'i, in: The Chapter on how one says it if one stipulates, from the Book of Hajj. Al-Mujtaba 5/130. And Ibn Majah, in: The Chapter on the condition in Hajj, from the Book of Rites. Sunan Ibn Majah 2/980. And al-Darimi, in: The Chapter on the condition in Hajj, from the Book of Rites. Sunan al-Darimi 2/35. And Imam Ahmad, in: Al-Musnad 1/337, 352.
