He intended to perform Hajj and entered the state of ihram, but was prevented from entering the Haram because he did not carry a visa
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Fatwa No. ( 20394 )
Q: Five years ago, I came to the Kingdom for the purpose of performing 'Umrah, and, praise be to Allah, I completed the 'Umrah. I was not in the months of Hajj, and instead of returning to Egypt , I stayed behind and remained in Jeddah for six months. Then I decided to perform Hajj that year, so I entered the state of ihram from my place of residence in Jeddah and recited the talbiyah. I headed to Makkah for Hajj as a mutamatti'. At the checkpoint before Makkah , a police officer stopped me because I was an overstayer and informed me that he would not allow me to continue to Hajj. He advised me at that time to say at the checkpoint: “O Allah, if one who restrains me restrains me, then my place of release is where he restrains me,” so that I could exit the state of ihram. I said what he told me to say and removed my ihram clothes. I was then returned to Egypt . Do I owe a sacrificial animal in this situation, given that I did not make a condition when entering ihram, but I made the condition afterwards at the checkpoint? If I do owe a sacrificial animal, how do I slaughter it at the place of being prevented? I am currently in my home country, Egypt, and I do not know anyone I can appoint to slaughter the sacrificial animal at the place of being prevented. Please guide me.
A: There is no sin on you for exiting your state of ihram for Hajj and returning to
your country without completing your Hajj; because you were overpowered and the situation was as you described, you are considered one who was prevented. Since you did not make a condition when you entered ihram from the place where you entered it by saying: “If one who restrains me restrains me, then my place of release is where he restrains me,” but rather you said that at the checkpoint for entering Makkah , that does not suffice for you. That condition becomes non-existent because it was not present at the time of wearing the ihram clothes and intending the ritual. Accordingly, you are obligated to offer a sacrificial animal that is acceptable for the 'Id sacrifice, and it should be slaughtered in a place where it is easy for you to slaughter it, even if it is in your country. Distribute it among the poor and do not eat any of it. Then shave your head or cut your hair short with the intention of exiting the state of ihram, along with repenting to Allah the Exalted for the delay and exiting the state of ihram before doing what was mentioned. This is based on the saying of Allah the Mighty and Majestic:[Al-Baqarah 2:196] the verse from Surat al-Baqarah, and the action of the Prophet (peace and blessings be upon him) when he was prevented in the year of Hudaybiyyah. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Five years ago, I came to the Kingdom for the purpose of performing 'Umrah, and, praise be to Allah, I completed the 'Umrah. I was not in the months of Hajj, and instead of returning to Egypt , I stayed behind and remained in Jeddah for six months. Then I decided to perform Hajj that year, so I entered the state of ihram from my place of residence in Jeddah and recited the talbiyah. I headed to Makkah for Hajj as a mutamatti'. At the checkpoint before Makkah , a police officer stopped me because I was an overstayer and informed me that he would not allow me to continue to Hajj. He advised me at that time to say at the checkpoint: “O Allah, if one who restrains me restrains me, then my place of release is where he restrains me,” so that I could exit the state of ihram. I said what he told me to say and removed my ihram clothes. I was then returned to Egypt . Do I owe a sacrificial animal in this situation, given that I did not make a condition when entering ihram, but I made the condition afterwards at the checkpoint? If I do owe a sacrificial animal, how do I slaughter it at the place of being prevented? I am currently in my home country, Egypt, and I do not know anyone I can appoint to slaughter the sacrificial animal at the place of being prevented. Please guide me.
A: There is no sin on you for exiting your state of ihram for Hajj and returning to
your country without completing your Hajj; because you were overpowered and the situation was as you described, you are considered one who was prevented. Since you did not make a condition when you entered ihram from the place where you entered it by saying: “If one who restrains me restrains me, then my place of release is where he restrains me,” but rather you said that at the checkpoint for entering Makkah , that does not suffice for you. That condition becomes non-existent because it was not present at the time of wearing the ihram clothes and intending the ritual. Accordingly, you are obligated to offer a sacrificial animal that is acceptable for the 'Id sacrifice, and it should be slaughtered in a place where it is easy for you to slaughter it, even if it is in your country. Distribute it among the poor and do not eat any of it. Then shave your head or cut your hair short with the intention of exiting the state of ihram, along with repenting to Allah the Exalted for the delay and exiting the state of ihram before doing what was mentioned. This is based on the saying of Allah the Mighty and Majestic:
But if you are prevented, then [offer] what can be obtained with ease of sacrificial animals. And do not shave your heads until the sacrificial animal has reached its place of slaughter
فَإِنْ أُحْصِرْتُمْ فَمَا اسْتَيْسَرَ مِنَ الْهَدْيِ وَلاَ تَحْلِقُوا رُءُوسَكُمْ حَتَّى يَبْلُغَ الْهَدْيُ مَحِلَّهُ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.