What is the legal status (Wajib or Rukn) of Sa'i if omitted?
Chapter on Mentioning Hajj and Entering Makkah
Al-Mughni
Book of Hajj
Primary text
The view held by Al-Qadi, which is the position of Al-Hasan, Abu Hanifa, and Al-Thawri, is that Sa'i is obligatory (Wajib); if omitted, a penalty (Damm) is due, but it is not a fundamental pillar that invalidates the entire Hajj if left out. This position argues that the evidence for obligation points to general obligation, not invalidation of Hajj. Furthermore, Aisha's statement is countered by other Companions who differed with her.
Supporting text
The justification for the Quranic text negating blame is explained: it was revealed because people in the Jahiliyyah hesitated to perform Sa'i due to idols previously located on Safa and Marwah, according to Aisha.