A man who has a car agreed with a group to take them on Hajj in exchange for money, but when they performed the arrival tawaf for 'Umrah, the group broke the agreement, so he became angry and went to Jeddah and did not perform Hajj
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The questioner : He said, "I used to work as a driver. During the month of Hajj, a group agreed to perform Hajj and spoke to me about it because I am a car driver, so that I could transport them in my car between the stations. I intended to perform Hajj with them. When we arrived in Makkah and entered the Sacred Mosque and performed the arrival tawaf, we then went out, and there they had changed their minds. They said to me, 'Park the car in Makkah, and you go and perform Hajj by yourself.' I had agreed with them on a specific amount of money, and they gave me much less than that. At that point, I became angry, went down to Jeddah, and broke off my Hajj. Since that day, I have not known what consequences result from that. Do they have the right, first, to break this agreement regarding the fare? And second, what is upon me for turning away from Hajj? They also turned away from Hajj and broke it off from that moment."
The Shaykh : As for the fare, you are entitled to the full amount.
The questioner : Yes.
The Shaykh : Since the cancellation was on their part, because you had no excuse and no negligence, but rather they were the ones who cut it off for themselves, they are obligated to pay the full fare. As for Hajj, if you had exited the state of ihram by performing 'Umrah—meaning you circumambulated, performed sa'y, and shortened your hair, then exited ihram with the intention to come for Hajj in its proper time—then nothing is upon you, since you exited the state of ihram before you entered it for Hajj. However, if that was after entering the state of ihram for Hajj, then it is obligatory for you now to exit the state of ihram by performing 'Umrah because you missed Hajj. You must perform the Hajj from which you exited without excuse, and you must also, as the scholars have said, sacrifice an animal as expiation because you erred when you exited the state of ihram without excuse. Yes.
The questioner : This is a message from the questioner, Muhammad al-'Abd Allah Saleh, from Qatar.
The Shaykh : As for the fare, you are entitled to the full amount.
The questioner : Yes.
The Shaykh : Since the cancellation was on their part, because you had no excuse and no negligence, but rather they were the ones who cut it off for themselves, they are obligated to pay the full fare. As for Hajj, if you had exited the state of ihram by performing 'Umrah—meaning you circumambulated, performed sa'y, and shortened your hair, then exited ihram with the intention to come for Hajj in its proper time—then nothing is upon you, since you exited the state of ihram before you entered it for Hajj. However, if that was after entering the state of ihram for Hajj, then it is obligatory for you now to exit the state of ihram by performing 'Umrah because you missed Hajj. You must perform the Hajj from which you exited without excuse, and you must also, as the scholars have said, sacrifice an animal as expiation because you erred when you exited the state of ihram without excuse. Yes.
The questioner : This is a message from the questioner, Muhammad al-'Abd Allah Saleh, from Qatar.
