Fawaat and Ihsaar in Hajj

10/11/2009| IslamWeb

Fawaat

Fawaat literally means to miss something. In the context of Hajj, Fawaat means missing the act of staying in ‘Arafah. A pilgrim who failed to stay in ‘Arafah during the daytime or nighttime of the day of ‘Arafah until the dawn of the day of An-Nahr (the tenth of Thul-Hijjah) has come, has missed Hajj. It was narrated that Jaabir said, “Hajj cannot be considered missed before the break of the dawn of the day of ‘Eed.” [Al-Athram]

A pilgrim who misses staying at ‘Arafah - even if he has an excuse - misses Hajj because the prescribed time of staying there has already elapsed. Therefore, he has to make Tahallul, which is to end the state of Ihraam, by performing ‘Umrah (lesser pilgrimage); he should perform Tawaaf (circumambulation), Sa’y (walking) between Mounts Safa and Marwah seven times, and then have his hair shaved or shortened (and shortening is the only option if it is a female).

Moreover, according to the majority of scholars, a pilgrim, in this case, must make up for his missed Hajj the following year if his Hajj is obligatory, whether there was an excuse for his Fawaat or not, and he is obliged to offer a sacrificial animal as well.

‘Umar ibn Al-Khattaab told Abu Ayyoob Al-Ansaari concerning this issue, “Do as if you are performing ‘Umrah, then make Tahallul so as to end the state of Ihraam. If you are to be alive and able to make up for this Hajj next year, then you should do so. You should also offer sacrificial animal such as what can be obtained with ease.”

Ihsaar

Ihsaar is derived from an Arabic root that means prevention. In the context of Hajj, the term applies to anyone in a state of Ihraam who is prevented from completing the rituals of Hajj. Ihsaar refers to every barrier/impediment, whether an enemy, a disease or the like, that prevents the one who is in a state of Ihraam from completing his Hajj or ‘Umrah rituals. For example, he might not be allowed to enter Makkah or to stay in ‘Arafah. Hence, Fawaat can take place only in Hajj, while Ihsaar can take place in ‘Umrah or Hajj.

Forms of Ihsaar

1)   If the one who is going to enter into the state of Ihraam provisions that in case of Ihsaar, he would have the freedom to end his Ihraam whenever or wherever he is prevented by any impediment without having to offer a sacrificial animal or make up for the missed ritual. It was reported that Dubaa'ah bint Az-Zubayr went to the Prophet and said, “I am an ailing woman but I intend to perform Hajj; what you command me [to do]?” The Prophet said: “[Go to] Perform Hajj and make a provision [by saying]: ‘I would be free [from Ihraam] where/when You would restrain me.’” [Muslim]

However, if the one who experienced Ihsaar is performing the obligatory Hajj, then he/she must make up for that Hajj.

2)   If Ihsaar is due to an enemy, bandits, or the like, which may prevent the one in a state of Ihraam from reaching Makkah and he/she has not provisioned by saying, “I would be free from Ihraam where or when I am prevented”, he/she is allowed to end his state of Ihraam but will be obliged to offer a sacrificial animal where he had been restrained whether it was within the Sacred Precincts or not. Then he has to have his/her hair shaven or cut short; Allah The Exalted Says (what means): {…But if you are prevented, then [offer] what can be obtained with ease of sacrificial animals….} [Quran 2:196]

When Quraysh prevented the Prophet and his Companions from entering Makkah to perform ‘Umrah, he commanded his Companions, on the day of Hudaybiyah, to have their hair shaven or shortened and end their state of Ihraam. Thus, the majority of scholars agreed upon the fact that there is no difference between Ihsaar of a group of people and Ihsaar of an individual.

Were the one who is experiencing Ihsaar to be able to reach Al-Masjid Al-Haraam (The Sacred Mosque) from a different way/road, he must take it whether it was near or far and, then, he will not be permitted to end his state of Ihraam. Some scholars believe that were the pilgrims to be restrained from entering Al-Masjid Al-Haraam, whether before or after staying in ‘Arafah, then they are allowed to end their state of Ihraam. However, if the ritual from performing which the one in the state of Ihraam was restrained, was not one of the pillars of Hajj or ‘Umrah, such as spending the night in Mina (on the 10th, 11th and 12th of Thul-Hijjah), the overnight stay in Muzdalifah, the Farewell Tawaaf, or casting the pebbles, then it will not be permissible for them to end their state of Ihraam as these rituals are not pillars of Hajj on which its very validity is dependant. However, some scholars believe that the one in the state of Ihraam, in that case, has to offer a sacrificial animal for having failed to perform an obligatory act of Hajj, while other scholars argue that no sacrificial animal should be sacrificed as the one in the state of Ihraam was unable to fulfill it due to an impediment. Also, scholars have different opinions regarding whether a 10-day fasting could be observed by the one who experienced Ihsaar if he/she was unable to offer a sacrificial animal.

3)   The one in a state of Ihraam may be unable to reach the sacred precincts of Makkah for a reason other than being stopped by an enemy; such as an illness, losing one’s money and becoming unable to afford the journey, losing one’s way or the like. Some scholars believe that being restrained due to any of these reasons is not Ihsaar; as they consider the ruling of Ihsaar to apply only to being restrained by an enemy. Therefore, according to that opinion, in these cases it will not be permissible for the one in the state of Ihraam to end his/her state of Ihraam because of an illness or the like until he/she has performed Tawaaf and Sa’y, that is, to end the state of Ihraam by performing ‘Umrah. Scholars who hold this opinion support their view that the ruling on Ihsaar applies only to being restrained by an enemy with the verse on Ihsaar in which Allah The Exalted Says (what means): {…And when you are secure…} [Quran 2:196] Which implies that Ihsaar is specific to being prevented by an enemy. In the same respect, these scholars quote the incident when the Prophet and his Companions ended the state of Ihraam after being prevented by an enemy from completing their due rituals.

On the other hand, some scholars adopt the opposite opinion, that the ruling on Ihsaar can apply to any impediment whatsoever that would prevent the one in the state of Ihraam from reaching the sacred precincts of Makkah, be it an enemy, an illness, losing the way, money shortage, breaking a bone, and the like. They support their view by saying that the verse of Ihsaar is general. Allah The Exalted Says (what means): {…If you are prevented [from completing it], offer a sacrifice, such as you can afford…} [Quran 2:196]

Furthermore, Al-Hajjaaj ibn ‘Amr narrated that the Prophet said: “Whoever got [his bones] broken or became lame [during performing Hajj or ‘Umrah], has gotten out of his state of Ihraam.” [Abu Daawood, An-Nasaa'i, At-Tirmithi and Ibn Maajah]

These are the various forms of Ihsaar and Fawaat. Nonetheless, one more thing is worth mentioning here, which is that the one in the state of Ihraam who intends to end his state of Ihraam without having a valid excuse cannot end his state of Ihraam by simply intending to and will still be considered in a state of Ihraam. The majority of scholars agree that arbitrarily abandoning the state of Ihraam is not valid. The one in the state of Ihraam must complete his Hajj or ‘Umrah; Allah The Almighty Says (what means): {And complete the Hajj or 'Umrah for Allah…} [Quran 2:196]