I am greatly confused by the scholars' statement that if one says at the time of the condition, "If such and such happens to me, I have the right to break my state of consecration," in light of the saying of the Prophet (peace and blessings be upon him): "Perform your Hajj and condition that your place of breaking your state of consecration is where you are detained."
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The questioner : May Allah reward you. I am greatly confused by the scholars' statement that if one says at the time of the condition, "If such and such happens to me, I have the right to break my state of consecration," in light of the saying of the Prophet (peace and blessings be upon him): Sahih Muslim 1207b And we said that if something happens, you break your state of consecration. Whereas, according to the scholars' statement, if something happens, you break your state of consecration if you wish. If we follow the scholars' statement, this implies that their wording is broader than the Prophetic wording, and is this what is prescribed?
The Shaykh : No, the scholars did not say it that way. The scholars say that the condition has two forms: The first is to say, "If I am detained by a detainer, my place of breaking my state of consecration is where I am detained," as it came in the hadith. This breaks the state of consecration simply by the presence of the detainer. The second form is to say, "I have the right to break my state of consecration." This gives you the choice; if you wish, you break your state of consecration, and if you wish, you remain in it despite the hardship.
The questioner : Where did they take the latter from?
The Shaykh : Because if it is permissible to break it, it is permissible to continue in it.
The questioner : But did the Prophet (peace and blessings be upon him) not guide her to the second one and guide her to the first one?
The Shaykh : Yes, he guided her to the first one because it is easier for her.
The questioner : In this case, does the one who says the latter contradict the wording of the Prophet?
The Shaykh : No, the one who says "I have the right to break my state of consecration"—we do not say that it is forbidden. Otherwise, there is no doubt that the Prophetic wording is "my place of breaking my state of consecration is where I am detained," but it is not forbidden.
The reader: Qutaybah narrated to us, al-Layth narrated to us from Nafi': That Ibn 'Umar (may Allah be pleased with them both) intended to perform Hajj in the year when the pilgrims descended upon Ibn al-Zubayr. It was said to him, "People are likely to have fighting among them, and we fear that they will prevent you." He said, "Indeed, there has been for you in the Messenger of Allah an excellent example."
Enter Into the state of Ihram on condition that you would abandon it when Allah would detain you.
حجي واشترطي أن محلي حيث حبستنيThe Shaykh : No, the scholars did not say it that way. The scholars say that the condition has two forms: The first is to say, "If I am detained by a detainer, my place of breaking my state of consecration is where I am detained," as it came in the hadith. This breaks the state of consecration simply by the presence of the detainer. The second form is to say, "I have the right to break my state of consecration." This gives you the choice; if you wish, you break your state of consecration, and if you wish, you remain in it despite the hardship.
The questioner : Where did they take the latter from?
The Shaykh : Because if it is permissible to break it, it is permissible to continue in it.
The questioner : But did the Prophet (peace and blessings be upon him) not guide her to the second one and guide her to the first one?
The Shaykh : Yes, he guided her to the first one because it is easier for her.
The questioner : In this case, does the one who says the latter contradict the wording of the Prophet?
The Shaykh : No, the one who says "I have the right to break my state of consecration"—we do not say that it is forbidden. Otherwise, there is no doubt that the Prophetic wording is "my place of breaking my state of consecration is where I am detained," but it is not forbidden.
The reader: Qutaybah narrated to us, al-Layth narrated to us from Nafi': That Ibn 'Umar (may Allah be pleased with them both) intended to perform Hajj in the year when the pilgrims descended upon Ibn al-Zubayr. It was said to him, "People are likely to have fighting among them, and we fear that they will prevent you." He said, "Indeed, there has been for you in the Messenger of Allah an excellent example."