Sharh · explanationclick to expand
Obstruction with reference to the Hajj and ‘Umrah refers to being prevented and impeded from approaching The Holy Mosque in Makkah by an enemy, illness, or something else. If a Muslim intended to perform the Holy Pilgrimage or ‘Umrah; and then is detained from completing his Hajj or ‘Umrah; then he is a muhsar, which is a technical term used for someone facing a situation similar to what has been aforementioned, and is obstructed from completing their pilgrimage. In this hadeeth, Saalim ibn ‘Abdullah ibn ‘Umar reports that his father, ‘Adullagh ibn ‘Umar (ra) used to say: “Is not what came from the traditions and practices of your Prophet ﷺsufficient for you? If anyone of you have been obstructed, and prevented from performing one of Hajj’s most essential integrals - which is standing at ‘Arafah - due to one of the legitimate excuses; but somehow managed to enter Makkah; then it is incumbent upon him to abandon his ‘Umrah, and then perform the circumambulation round the Ka‘bah, perform the ritual walk between al-Safaa and al-Marwah if he is able to do that, shaves or cuts his hair, and then takes off the garments one wears while in the state of Ihraam required for Hajj. Thereafter, everything that is normally licit for him becomes permissible, even intercourse with his wife. He may continue to be released from his Ihraam for Hajj until he performs his Hajj the following year. It is incumbent upon the one who is prevented from completing the pilgrimage (i.e. a muhsar) to slaughter a hady - which is a camel, cow, sheep, or goat - that is offered and slaughtered as a sacrifice in the Sacred Precinct. And if he is not able to find a sacrificial animal, he must fast for ten days; three days on the Hajj, and seven when he returns. Ibn ‘Umar (ra) made the legal ruling in regard to obstruction during the Hajj and ‘Umrah the same; because The Prophet ﷺ wasn’t ever prevented from performing the Holy Pilgrimage; but he was impeded on the ‘Umrah of al-Hudaybiyah in the sixth year after Hijrah. So, Ibn ‘Umar drew a legal analogy by comparing the Hajj to the ‘Umrah. And this analogy is based on the time when one releases himself from the consecrated state of Hajj, which hasn’t been stipulated when one was prevented from completing it. Yet, if it was stipulated, it is still permissible, and nothing additional would be obligatory upon him; due to what has been narrated in Saheeh al-Bukhaaree and Saheeh Muslim, in a report narrated by The Mother of the Believers, ‘Aa’ishah (raa), who relates that: “The Messenger of Allah ﷺ went to see Dubaa‘ah bint al-Zubayr and said to her: ‘Perhaps you wish to perform the Hajj?’ She replied: ‘By Allah, I am not well, and am often in constant agony.’ So, he ﷺsaid to her: “Perform the Holy Pilgrimage, but condition it first it by saying: ‘O Allah, I shall release myself from the consecrated state of Hajj (i.e.ihraam) wherever you detain me.” One benefit that we can conclude from this hadeeth is that it presents a proof of legal analogy since this method of reasoning was utilised by the Companions (ras)..