Whose Ihram is valid when an able-bodied person carries another during Tawaf due to an excuse?
General Chapter
Al-Mughni
Book of Hajj
Primary text
If a person is carried during Tawaf due to an excuse, and both the carrier and the carried person intend the Tawaf for the carried person, the Tawaf is valid for the carried person but not for the carrier, without known dispute. If both intend the Tawaf for the carrier, it occurs for the carrier, and the carried person receives no benefit. If each intends the Tawaf for themselves, it counts only for the carried person, not the carrier. The justification for the carried person's Tawaf being valid is that his intention was purely for himself, whereas the carrier's intention was not purely for himself because he would not have carried him had he not intended the Tawaf for the carried person as well, meaning the carried person was intended by both. The carrier's intention for himself was not fully established due to a lack of specific designation (*ta'yeen*).
Supporting text
One position held by Al-Shafi'i is that the Tawaf occurs for the carrier because he is the physical actor. Abu Hanifa states that it occurs for both because each possesses a valid intention for Tawaf, thus fulfilling the obligation for each, similar to if the companion had no intention. He analogizes this to standing at Arafat, where carrying someone results in standing for both. Another view of Al-Shafi'i is that the Tawaf occurs for the carrier. A dissenting opinion by Abu Hafs al-'Ukbarī states that the Tawaf is invalid for both because a single act cannot be valid for two people, and neither is prioritized over the other. If only one of them intends for himself and not the other, the Tawaf is valid for the one who intended it for himself.