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Banned Entry to Perform ʿUmrah and or Ḥajj

Answered as per Hanafi Fiqh by Mathabah.org
Answered by Shaykh Yūsuf Badāt

Question:

With the current situation of the corona virus, I am denied entry into Makkah. I have paid for my ʿUmrah and also Ḥajj travel. Are there any Islamic obligations upon me such as a kaffārah if I am unable to complete the rites? I hear it may also be difficult to retrieve entire amounts paid for the travel. Can the lost amounts be counted towards the kaffārah?

Answer:

In the Name of God, Most Merciful, Most Kind

Jazāk Allāh Khayr/ Thank you for contacting us with your query.

In response to your questions, kindly note that there are one of two situations or scenarios when a believer is blocked from pilgrimage.

One:

When a person has intended ‘Umrah and or Ḥajj, and also made all the arrangements of travel visas, flight and hotel bookings, however has not entered the state of iḥrām. In this situation, there is no obligation of rendering a penalty or compensation (fidyah, kaffārah, damm) if one is unable to proceed for the sacred journey. Such persons have the right to seek reimbursements and refunds. If one is unable to retrieve the amounts, they will be rewarded with blessings from the Almighty.

“The returns of one’s striving shall soon be seen [in rewards and returns from God].” (Qurʾān 53:40)

The Prophet Muḥammad (peace and blessings upon him) said, “Actions are based [and rewarded] on their intentions.” (Bukhārī)

Two:

In the situation where one has entered the sacred state of iḥrām, thereafter blocked for some reason or the other, thus unable to complete the required tenants of ‘Umrah and or Ḥajj, there is a penalty. A sacrificial animal is to be slaughtered and one should complete the ‘Umrah and or Ḥajj in the coming year, or at one’s earliest possibility. If one cannot afford a sacrificial animal, one must fast for a few days.

There are varying views regarding the specific location for the animal sacrifice and number of days to fast amongst the jurists, the details of which are available in fiqh manuals. (See: Kitāb Fiqh ʿAlā Madhāhib Al-Arbaʾah)

“Complete the Ḥajj and the ʿUmrah for Allāh, but if you are restricted, then (sacrifice) whatever animal of offering is available, and do not shave your heads until the offering reaches its place. However, if anyone of you is ill, or has some trouble with their scalp, then there is a ransom through fasting or alms giving. When you are safe, then, whoever avails the advantage of the ‘Umrah along with the Ḥajj shall make an offering of whatever animal is available. However, anyone who finds none shall fast for three days during Ḥajj, and for seven days when you return; totaling to ten. This is for him whose family folk are not residents of Al-Masjid-Al-Harām. Be mindful of God and be aware that God is severe in chastisement.” (Qurʾān 2:196)

It is worthy note that if a possible restriction or blockage is anticipated, one can intend, while entering the iḥrām state, that if an impediment will occur, then that will be the point for getting out of the iḥrām. If this intention is made, some jurists are of the view that there would be no penalty if one is unable to complete ‘Umrah and or Ḥajj due to a sudden circumstance and or blockage.

“Dubaʾah bint Al-Zubayr came to the Prophet (peace and blessings upon him) and said, “O Messenger of God! I want to perform Ḥajj so should I state a condition [and stipulation because I am sick and may not be able to complete the pilgrimage rites]?” He said, “Yes.” She asked, “So how should I say it?” He replied, “Say, “I respond to Your call O God, I respond to Your call, I will exit iḥrām anywhere on the earth where You prevent me [from proceeding, due to my ailment].” (Tirmidhī)

And Allāh Knows Best

This answer was collected from Mathabah.org. It’s an Islamic educational institute based in Canada. The questions are generally answered by Sheikh Yusuf Badat and Sheikh Omar Subedar.

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