Ruling on one who is unable to complete Hajj due to illness
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Question: Last year, my mother performed Hajj with her sons and daughters as a tamattu' pilgrim. After they entered the tawaf, she suffered a fainting spell and was unable to perform the tawaf and sa'y. Since she suffers from diabetes and high blood pressure, she was admitted to the hospital. The doctor told her: "You cannot complete the Hajj." Due to this condition, they all returned to their city. What are the obligations upon them?
Answer: Her case is the case of one who is prevented (muharr). She is considered a muharr. She must sacrifice a hady animal because she was prevented in Makkah. The blood of prevention is slaughtered at the place of prevention, whether in Makkah or elsewhere, for the poor. She must also shorten her hair, and her state of ihram is thereby lifted. If her Hajj was an obligatory one, she must perform Hajj later, because she was prevented, unless she recovers before the Hajj and it becomes easy for her to return, perform tawaf and sa'y, and complete her Hajj, in which case there is no harm. The apparent situation is that this happened to them during the tawaf of 'Umrah while they were in the state of tamattu', so she must return and complete her 'Umrah if she is able, and that is sufficient.
If she is not able, she owes the blood of prevention; a sacrificial animal slaughtered in Makkah for the poor, along with shortening the hair, and thus the matter of prevention is completed, and she owes nothing else, because prevention can occur due to illness, and due to an enemy, according to the correct opinion. However, if it becomes easy for her to return, she is still in ihram; she returns, performs tawaf and sa'y, and shortens her hair for her 'Umrah.
She also owes a sacrificial animal if she has a husband who had intercourse with her; it is slaughtered in Makkah for the poor. She must also perform a new 'Umrah from the miqat from which she first entered ihram, as a make-up for the 'Umrah that was invalidated by intercourse. If she does not have a husband, she owes nothing; she returns, performs tawaf and sa'y, and shortens her hair for her previous 'Umrah, and her 'Umrah is completed, and she owes nothing.
If she is not able, she is in the ruling of one who is prevented (muharr). She must slaughter a sheep in Makkah for the poor, because the prevention occurred in Makkah. She must also shorten her hair, and by this she is released from her 'Umrah. She must also perform the 'Umrah of Islam later if she is able, if she had not performed 'Umrah previously. She must also perform Hajj if she had not performed Hajj. As for those with her, if they returned and did not complete, they are like her in this regard; they must return and complete their 'Umrah, and they are not considered prevented. If they wore sewn clothes or applied perfume, that is due to ignorance, and they owe nothing. If there is a woman among them whose husband had intercourse with her, she owes a sheep for the intercourse, completes her 'Umrah, and also performs a new 'Umrah from the miqat from which she entered ihram, in place of the 'Umrah she invalidated by intercourse, and there is no blame on her.
The males and females with her must return and complete this 'Umrah from which they returned. What they wore or the perfume they applied, they owe nothing for it due to ignorance. The one among them who had intercourse with his wife, or the wife who was had intercourse with, has invalidated her 'Umrah, and likewise the husband's 'Umrah must be completed by him, and he must perform a new 'Umrah from the first miqat from which he entered ihram. And upon the one who had intercourse, or the one with whom intercourse was had, is a sacrificial animal to be slaughtered in Makkah for the poor.
Answer: Her case is the case of one who is prevented (muharr). She is considered a muharr. She must sacrifice a hady animal because she was prevented in Makkah. The blood of prevention is slaughtered at the place of prevention, whether in Makkah or elsewhere, for the poor. She must also shorten her hair, and her state of ihram is thereby lifted. If her Hajj was an obligatory one, she must perform Hajj later, because she was prevented, unless she recovers before the Hajj and it becomes easy for her to return, perform tawaf and sa'y, and complete her Hajj, in which case there is no harm. The apparent situation is that this happened to them during the tawaf of 'Umrah while they were in the state of tamattu', so she must return and complete her 'Umrah if she is able, and that is sufficient.
If she is not able, she owes the blood of prevention; a sacrificial animal slaughtered in Makkah for the poor, along with shortening the hair, and thus the matter of prevention is completed, and she owes nothing else, because prevention can occur due to illness, and due to an enemy, according to the correct opinion. However, if it becomes easy for her to return, she is still in ihram; she returns, performs tawaf and sa'y, and shortens her hair for her 'Umrah.
She also owes a sacrificial animal if she has a husband who had intercourse with her; it is slaughtered in Makkah for the poor. She must also perform a new 'Umrah from the miqat from which she first entered ihram, as a make-up for the 'Umrah that was invalidated by intercourse. If she does not have a husband, she owes nothing; she returns, performs tawaf and sa'y, and shortens her hair for her previous 'Umrah, and her 'Umrah is completed, and she owes nothing.
If she is not able, she is in the ruling of one who is prevented (muharr). She must slaughter a sheep in Makkah for the poor, because the prevention occurred in Makkah. She must also shorten her hair, and by this she is released from her 'Umrah. She must also perform the 'Umrah of Islam later if she is able, if she had not performed 'Umrah previously. She must also perform Hajj if she had not performed Hajj. As for those with her, if they returned and did not complete, they are like her in this regard; they must return and complete their 'Umrah, and they are not considered prevented. If they wore sewn clothes or applied perfume, that is due to ignorance, and they owe nothing. If there is a woman among them whose husband had intercourse with her, she owes a sheep for the intercourse, completes her 'Umrah, and also performs a new 'Umrah from the miqat from which she entered ihram, in place of the 'Umrah she invalidated by intercourse, and there is no blame on her.
The males and females with her must return and complete this 'Umrah from which they returned. What they wore or the perfume they applied, they owe nothing for it due to ignorance. The one among them who had intercourse with his wife, or the wife who was had intercourse with, has invalidated her 'Umrah, and likewise the husband's 'Umrah must be completed by him, and he must perform a new 'Umrah from the first miqat from which he entered ihram. And upon the one who had intercourse, or the one with whom intercourse was had, is a sacrificial animal to be slaughtered in Makkah for the poor.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.