What is incumbent upon the pilgrim whose Hajj has been invalidated?

Chapter on What the Muhrim Must Avoid and What is Permissible for Him

Al-Mughni

Book of Hajj

Book 11 · Issue 5 · Bab 3

Open in Qurani

Primary text

If Hajj is invalidated, the pilgrim must continue the invalidated Hajj and perform all subsequent rites necessary for a complete Hajj, such as staying overnight at Muzdalifah and stoning (Ramy). They must avoid all prohibited acts after invalidation, including intercourse, hunting, using perfume, and wearing tailored garments. Penalties are due for infractions committed against the invalidated Ihram, similar to those for a valid Ihram. The makeup Hajj (qada) is obligatory in all cases. If the invalidated Hajj was originally obligatory (by law, vow, or as a replacement for a previously broken Hajj), the makeup Hajj suffices for that obligation. If the invalidated Hajj was voluntary (nafl), the makeup Hajj becomes obligatory because entering the Ihram made the Hajj binding upon the person, which must then be performed immediately, similar to a vowed Hajj.

Supporting text

There is no known dissent on the immediate obligation of the makeup Hajj when the original Hajj was obligatory, as the original obligation was immediate. The makeup Hajj takes precedence because the initial entry into Ihram designated that specific Hajj, whereas an originally obligatory Hajj might not have been designated by a specific entry.