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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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One who missed Hajj: Is it obligatory for him to make it up in the coming year?

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Question : So, is it obligatory for him to make it up?

Answer : Yes, in the coming year, if his entering into the state of ihram was for an obligatory Hajj, then it is obligatory for him to make it up, because the obligatory act has not been fulfilled, meaning he was not able to complete it. If he entered into the state of ihram for a non-obligatory Hajj, some scholars said it is obligatory for him to make it up, while others said it is not obligatory. Given this disagreement, we bring the criterion to see which of the two views is stronger?
Those who said it is obligatory cite the harm involved. They say that when the man entered into the state of ihram, completing it became obligatory for him. And Allah the Exalted said, “And proclaim the Hajj and the 'Umrah for Allah.” Is completing it now impossible or possible? It is impossible, but this can be remedied by making it up, so he makes it up in the coming year, because Hajj is specific to intended days. It cannot be made up after these days have passed, unlike prayer. If the time for prayer is missed, when is it made up? In its counterpart on the second day, or at any time like an excuse? At any time. But the limit for Hajj is specific days, and it is not valid to make it up in the coming year, because when he entered into it, it became obligatory for him.
Hajj is obligatory only once in one’s lifetime. Whatever one does over and above this is supererogatory (a voluntary act) for him.الْحَجُّ مَرَّةٌ فَمَا زَادَ فَهُوَ تَطَوُّعٌ
Bulugh al-Maram 720
. So making it obligatory for him to make it up means we are imposing Hajj on him more than once, because this man came to Quraizah, and now he has missed Hajj. Is his Hajj voluntary or obligatory? Voluntary. If we oblige him to make it up, that means we are obliging him to perform Hajj twice, and Hajj is not obligatory twice. And this was not by his choice. If it had been by his choice, we would say there is no harm in obliging him to make it up, just as we oblige the one who had intercourse to make it up, because the best of Hajj is by his choice. But this man was not in a state of life [or: was not by his choice], so the stronger of the scholars' views is that it is not obligatory for him to make it up if the Hajj he failed to complete was voluntary.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 731- من فاته الحج، فهل يجب عليه القضاء في العام القادم؟ II ابن عثيمين — youtube.com

The Arabic text is a machine transcription of the audio recording.

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