537. The Mahsoor is the pilgrim who declares and assumes the ihraam for either Hajj or Umrah, and then falls ill such that he is not able to perform the rites, in a similar way to the case of the Masdood. If during the declaration of the ihraam he had made it conditional that Allah Almighty releases him [from his ihraam] if he were to be confined, he would then be released from his ihraam without the need to send his Had'y to the site [for slaughtering].
538. The pilgrim who had declared and assumed ihraam for the Tamattu or Ifraad Hajj, the ruling above applies to him. However, if the pilgrim declared and assumed ihraam for the Qiraan Hajj, and had his Had'y accompanying him, he is released from his ihraam as soon as he sends his Had'y away [for slaughter] and he does not need to wait for the Had'y to reach the [slaughtering] site.
539. If during the declaration of the ihraam he had not made it conditional that Allah Almighty releases him [from his ihraam] if he were to be confined, he would remain in his [state of] ihraam, and as a precaution, he should send his Had'y for slaughtering, and when it reaches the [slaughtering] site, and the time of its slaughter had passed he could trim and release himself from ihraam. It is permissible to slaughter the animal in the locality [of the ill pilgrim].
540. It is obligatory for the Mahsoor to perform the Hajj again if he had previously met all the criteria for the Hajj requirements become mostatee but did not perform the Hajj on that year. If, however, in the future years he did not manage to perform the Hajj himself, [he remains liable to the Hajj] and must do so by proxy.
541. If the pilgrim became Mahsoor in the ihraam of the Hajj, regardless of whether the Hajj was Tamattu, Ifraad, or Qiraan, the [slaughtering] site of the Had'y is in Mina. If the pilgrim became Mahsoor in the ihraam of the Umrah, regardless of whether the Umrah is Tamattu or Mufradah, the spot of the Had'y is in the holy city of Makkah.
542. If the cause [i.e. illness] disappeared, the pilgrim should join his group to perform the rites. If he managed to observe the two sites of woquf (Arafaat and Mashar), or one of them, as mentioned previously about the obligation of performing [the rites of] these two sites[38] he has complied with the Hajj, and he has not missed anything. If he does not manage to reach two or one of those sites, he has missed the Hajj, and thus he should perform the Mufradah Umrah and release himself from his ihraam.
543. If, due to his illness, he could not perform the rites of the day of Eid, and those after, he must perform the Ram'y and slaughter by proxy, and then perform the shaving himself, [i.e. not by proxy]. If he could, he should perform the tawaaf and the say himself or with the help of others, otherwise he should do them by proxy too. He should say the prayer of the tawaaf if he was present in the [Grand] Mosque, otherwise, as a precaution, he should perform the prayer himself and also do so by proxy in its place [by Maqaam Ibrahim or behind it]. He should observe the mabeet in the Mina if he could, or engage in acts of worship in Makkah instead, and his Hajj is correct, otherwise he should give a kaffaarah for not observing the mabeet, as a precaution.
544. If due to sickness he was prevented from performing all the rites of Mina and Makkah, it is obligatory for him to send his Had'y [for slaughter], and release himself from his ihraam, and repeat his Hajj again if he still was mostatee' next year, unless he was liable to Hajj previously [and had not performed it, in which case, he must perform the Hajj next year regardless of him being mostatee' or not].
Notes:
[38] See case # 425.
