Is a Hady (sacrificial animal) required for the one who misses the Hajj?
Chapter on Ransom (Fidyah) and Penalty for Hunting
Al-Mughni
Book of Hajj
Primary text
A Hady is obligatory upon one whose Hajj is missed, according to the soundest of two narrations. This is the view of the mentioned Companions and jurists, excluding the People of Opinion. The evidence includes the Hadith narrated through 'Ata' and the consensus of the Companions. Since the individual dissolved his state of Ihram before its completion, a Hady is required, similar to a person who dissolves Ihram before missing Wuquf. If Qada' is obligatory, the Hady is given in the year of Qada'; otherwise, it is given in the current year. If the person had a Hady intended for the missed Hajj, it must be sacrificed, but it does not suffice for the required Hady if Qada' is obligatory; instead, a second Hady is due in the subsequent year. The required Hady is equivalent to that of Mut'ah Hajj, based on the Hadith of Umar.
Supporting text
The People of Opinion hold that no Hady is due because if missing the standing necessitated a Hady, a person prevented from performing Hajj (muhsar) would incur two Hadis: one for prevention and one for the missed Hajj.