Section II: Being Deterred
Firstly: What it means to be deterred
Linguistically, ihsar (being deterred) means prevention and holding back.
Technically, ihsar means deterring someone in a state of ihram from completing the arkan of Hajj or `umrah.
Secondly: What counts as deterrence
1. Being deterred by an enemy:
Being deterred by an enemy is recognized. This is the chosen position of Ibn Qudamah, Ibn Taymiyyah, and Ibn Juzayy.
2. Being deterred by an illness or the like:
Being deterred may also occur due to an illness, bankruptcy, etc. This is the position of the Hanafi school, a narration from Ahmad, the position of a group of the Salaf, and the position of Ibn Hazm. This is the chosen position of Ibn Taymiyyah, Ibn al-Qayyim, Ibn Baz, and Ibn `Uthaymin.
Thirdly: Types of deterrence
1. Being deterred from standing at `Arafah:
Jurists have differed regarding someone who is deterred from standing at `Arafah but not the Ka`bah. They are of three positions:
The first position: He is not considered deterred. This is the position of the Hanafi school and one narration from Ahmad.
The second position: He is considered deterred. He releases himself by performing the actions of `umrah. This is the position of the Maliki and Shafi`i schools.
The third position: He releases himself by performing `umrah, and nothing is due of him if this happens before the deadline for standing at `Arafah has passed. This is the position of the Hanbali school. This is the chosen position of Ibn `Uthaymin.
2. Being deterred from the Mass Circumambulation:
Jurists have differed regarding someone who stood at `Arafah but is then deterred from the Ka`bah. They are of three positions:
The first position: He is not considered deterred. He is required to release himself by shaving on the Day of Eid al-Adha upon which everything other than women is permitted for him. This remains until he performs the Mass Circumambulation whenever he is able to. This is the position of the Hanafi and Maliki schools, but they differed regarding the blood expiations due of him.
The second position: He is considered deterred and is released from ihram. This is the position of the Shafi`i school according to the clearest position.
The third position: If he is deterred from the Ka`bah after standing at `Arafah and before pelting, he may release himself. If he is deterred from the Mass Circumambulation after pelting, he may not release himself. This is the position of the Hanbali school.
3. Being deterred from a wajib act of Hajj:
If one is deterred from a wajib act, then they are not released from ihram. This is by agreement of the four schools of jurisprudence.
4. Being deterred from `umrah:
It is permissible for one in a state of ihram for `umrah to release himself if deterred. This is the position of the majority: the Hanafis, Shafi`is, Hanbalis, and one position amongst Malikis.
feqhia
