Distinguishing in judicial rulings between the obligatory Hajj and the voluntary Hajj when the time has passed

Question : The judge believes in making up missed acts of worship.

Answer : The first and correct view is that he is not required to make it up if it was a voluntary act, unless there was negligence on his part, such as delaying without a valid excuse until he missed the Hajj. In that case, we say that he is the one who caused himself to miss the Hajj, so he is obligated to make it up. However, if he missed it without intention and has already performed the obligatory Hajj of Islam, he is not required to repeat it a second time. But the view that he should exit the state of ihram by performing an 'Umrah is a sound opinion. If he missed the Hajj because he did not reach 'Arafah until after the dawn, we tell him: You have no Hajj now; it has passed, based on the saying of the Prophet (peace and blessings be upon him): "The Hajj is 'Arafah," and it has passed. But enter Makkah, perform a wide tawaf, and shorten your hair or shave it, and your 'Umrah is complete. If he asks, "Am I obligated to perform Hajj next year?" we say: If you have not yet performed the obligatory Hajj, then perform Hajj next year according to the first ruling, meaning as an obligatory act, not as a make-up. And if you have already performed Hajj, then you owe nothing. This is what the evidence indicates.