#841 Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn
Yasar that Said ibn Huzaba al-Makhzumi was thrown off his mount while
he was in ihram on the road to Makka. He asked after the person in
charge of the relay station where he was injured and he found Abdullah
ibn Umar, Abdullah ibn az-Zubayr and Marwan ibn al-Hakam there. He
told them what had happened to him and all of them said that he should
take 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 his
ihram, after which he had to do hajj another year and to offer
whatever sacrificial animal he was able to in the future.


Malik said, "This is what we do here (in Madina) if someone is
detained by something other than an enemy. And when Abu Ayyub al-
Ansari and Habbar ibn al-Aswad came to the day of the sacrifice and
had missed the hajj, Umar ibn al-Khattab told them to come out of
ihram by doing umra and then to go home free of ihram and do hajj some
time in the future and to sacrifice an animal, or, if they could not
find one, to fast three days during the hajj and seven days after they
had returned to their families."


Malik said, "Anyone who is
detained from doing hajj after he has gone into ihram, whether by
illness or otherwise, or by an error in calculating the month or
because the new moon is concealed from him is in the same position as
some one who is hindered from doing the hajj and must do the same as
he does."


Yahya said that Malik was asked about the situation
of someone from Makka who went into ihram for hajj and then broke a
bone or had severe stomach pain, or of a woman who was in labour, and
he said, "Someone to whom this happens is in the same situation as one
who is hindered from doing the hajj, and he must do the same as people
from outlying regions do when they are hindered from doing the hajj."


Malik said, about someone who arrived in the months of the
hajj with the intention of doing umra, and completed his umra and went
into ihram in Makka to do hajj, and then broke a bone or something
else happened to him which stopped him from being present at Arafa
with everybody else, "I think that he should stay where he is until he
is better and then go outside the area of the Haram, and then return
to Makka and do tawaf of the House and say between Safa and Marwa, and
then leave ihram. He must then do hajj again another year and offer a
sacrificial animal ."


Malik said, about someone who left
ihram in Makka, and then did tawaf of the House and say between Safa
and Marwa, and then fell ill and was unable to be present with
everybody at Arafa, "If the hajj passes someone by he should, if he
can, go out of the area of the Haram and then come back in again to do
umra and do tawaf of the House and say between Safa and Marwa, because
he had not intended his initial tawaf to be for an umra, and so for
this reason he does it again. He must do the next hajj and offer a
sacrificial animal.


If he is not one of the people of Makka,
and something happens to him which stops him from doing the hajj, but
he does tawaf of the House and say between Safa and Marwa, he should
come out of ihram by doing an umra and then do tawaf of the House a
second time, and say between Safa and Marwa, because his initial tawaf
and say were intended for the hajj. He must do the next hajj and offer
a sacrificial animal."