Section III: Release from Deterrence
Firstly: Wisdom of release being legislated
Allah has legislated release because those who are deterred need it. It also removes the hardship and harm they face so that they do not remain in a state of ihram until that which prevented them from completing Hajj or `umrah is driven away.
Secondly: Intending release
It is a condition that one intend release upon slaughtering the hady. This is the position of the Shafi`i and Hanbali schools.
Thirdly: Where to slaughter the hady of deterrence
A deterred person slaughters the hady in the place they have been deterred, whether they are outside or inside the Sacred Precinct. This is the position of the Maliki and Shafi`i schools, one narraton according to Hanbalis, and the majority of scholars. This is the chosen position of Ibn Baz and Ibn `Uthaymin.
Fourthly: When to slaughter the hady of deterrence
There is no specific time to slaughter the hady. A deterred person may slaughter the hady at any time they will. This is the position of the majority: the Hanafis, Shafi`is, and Hanbalis.
Fifthly: Inability to slaughter a hady
Jurists have differed regarding a deterred person being unable to slaughter a hady: is there a substitute or not? The positions include:
The first position: Whoever is unable to slaughter a hady is not required to provide a substitute, and hey may release himself. This is a position amongst Shafi`is. This is the chosen position of Ibn `Uthaymin.
The second position: Whoever is unable to slaughter a hady fasts ten days and then releases himself. This is the position of the Hanbali school, Ashhab of the Maliki school, and one position amongst Shafi`is. This is the chosen position of Ibn Baz.
Sixthly: What is required in terms of hady for one deterred from qiran
Jurists are of two positions regarding what is required in terms of hady for someone deterred while performing qiran:
The first position: Someone deterred while performing qiran must offer a single hady. This is the position of the Shafi`i and Hanbali schools.
The second position: Someone deterred while performing qiran must offer two hadys. This is the position of the Hanafi school.
Seventhly: Shaving and cutting the hair
Shaving or cutting the hair is wajib in order for the deterred person to be released from ihram. This is the position of the Maliki school, the clearest position of the Shafi`i school, one position amongst Hanbalis, and a narration from Abu Yusuf. This is the chosen position of al-Tahawi, al-Shinqiti, Ibn Baz, and Ibn `Uthaymin.
Eighthly: What is required of a deterred person if they stipulated such a condition
Whoever stipulates that they may release themselves if deterred before his Hajj or `umrah may release himself if deterred, and nothing is due of him at all. This is the position of the Hanbali school and the sounder position of the Shafi`i
[1077] However, according to Shafi`is, stipulating a condition on ihram allows one to release oneself from ihram if one faces a preventative that is not considered a reason for deterrence according to them, such as illness, bankruptcy, and getting lost. And because release from being deterred – such as by an enemy – is valid without stipulating it, the stipulation is void. On the other hand, Hanbalis equated between stipulating preventatives that are considered causes of deterrence – like an enemy – and preventatives that are not considered causes of deterrence according to them. school. This is the chosen position of Ibn Baz and Ibn `Uthaymin.
Ninthly: Ruling of the deterred person who engages in restrictions prior to release
If a deterred person is not released and engages in restrictions related to ihram, then whatever is due of someone in ihram who is not deterred is also due of him.
Tenthly: Making up missed actions after being deterred
Whoever is released due to being deterred does not need to make up what he missed. [1078] However, the performance of Hajj remains wajib with respect to him unless he already fulfilled the Islamic obligation of Hajj. Otherwise, he must perform Hajj at the soonest possible time he is able to do so. This is the position of the majority: the Malikis, Shafi`is, and Hanbalis.
feqhia
