Hadith 6603

Yahya related to me from Malik from Yahya ibn Said from Sulayman ibnYasar that Said ibn Huzaba al-Makhzumi was thrown off his mount whilehe was in ihram on the road to Makka. He asked after the person incharge of the relay station where he was injured and he found Abdullahibn Umar, Abdullah ibn az-Zubayr and Marwan ibn al-Hakam there. Hetold them what had happened to him and all of them said that he shouldtake whatever medicine he had to take and pay compensation for it.Then, when he got better again, he should do umra and come out of hisihram, after which he had to do hajj another year and to offerwhatever sacrificial animal he was able to in the future.Malik said, "This is what we do here (in Madina) if someone isdetained by something other than an enemy. And when Abu Ayyub al-Ansari and Habbar ibn al-Aswad came to the day of the sacrifice andhad missed the hajj, Umar ibn al-Khattab told them to come out ofihram by doing umra and then to go home free of ihram and do hajj sometime in the future and to sacrifice an animal, or, if they could notfind one, to fast three days during the hajj and seven days after theyhad returned to their families."Malik said, "Anyone who isdetained from doing hajj after he has gone into ihram, whether byillness or otherwise, or by an error in calculating the month orbecause the new moon is concealed from him is in the same position assome one who is hindered from doing the hajj and must do the same ashe does."Yahya said that Malik was asked about the situationof someone from Makka who went into ihram for hajj and then broke abone or had severe stomach pain, or of a woman who was in labour, andhe said, "Someone to whom this happens is in the same situation as onewho is hindered from doing the hajj, and he must do the same as peoplefrom outlying regions do when they are hindered from doing the hajj."Malik said, about someone who arrived in the months of thehajj with the intention of doing umra, and completed his umra and wentinto ihram in Makka to do hajj, and then broke a bone or somethingelse happened to him which stopped him from being present at Arafawith everybody else, "I think that he should stay where he is until heis better and then go outside the area of the Haram, and then returnto Makka and do tawaf of the House and say between Safa and Marwa, andthen leave ihram. He must then do hajj again another year and offer asacrificial animal ."Malik said, about someone who leftihram in Makka, and then did tawaf of the House and say between Safaand Marwa, and then fell ill and was unable to be present witheverybody at Arafa, "If the hajj passes someone by he should, if hecan, go out of the area of the Haram and then come back in again to doumra and do tawaf of the House and say between Safa and Marwa, becausehe had not intended his initial tawaf to be for an umra, and so forthis reason he does it again. He must do the next hajj and offer asacrificial animal.If he is not one of the people of Makka,and something happens to him which stops him from doing the hajj, buthe does tawaf of the House and say between Safa and Marwa, he shouldcome out of ihram by doing an umra and then do tawaf of the House asecond time, and say between Safa and Marwa, because his initial tawafand say were intended for the hajj. He must do the next hajj and offera sacrificial animal."