Is it valid for a guardian to enter the state of Ihram on behalf of an unconscious adult male?
General Chapter
Al-Mughni
Book of Hajj
Primary text
It is not valid for a guardian to enter the state of Ihram on behalf of an unconscious adult. This is the position held by Al-Shafi'i and the two disciples of Abu Hanifa (Abu Yusuf and Muhammad). The evidence is that since the individual is an adult, he cannot enter the state of Ihram through the Ihram of another, similar to a sleeping person. Even if he had previously authorized and approved of this action, it would still be invalid; therefore, in the absence of prior authorization, it is more definitively invalid.
Supporting text
Abu Hanifa holds that it is valid, and the unconscious person enters the state of Ihram through the Ihram of his companion out of juristic preference (*istihsan*). This is because it is known from the unconscious person's intention, and foregoing it would cause him hardship, thus excusing the Ihram of another on his behalf.