What is the obligation concerning delivering the Hady to the poor of the Haram if the vower is unable to reach them?

Chapter on Ransom (Fidyah) and Penalty for Hunting

Al-Mughni

Book of Hajj

Book 11 · Issue 5 · Bab 6

Open in Qurani

Primary text

If the vower is incapable of delivering the Hady to the poor of the Haram, delivery is not obligatory, as Allah does not burden a soul beyond its capacity. If the vower is prevented from reaching the location himself but can send the offering, he is obliged to send it. Ibn Aqil mentioned two narrations regarding a person under siege (Hasr): one permits slaughtering the Hady at the place of siege, citing the Prophet's sacrifice at Hudaybiyah; the other mandates sending it with someone else if possible, as the obligation to deliver the vowed item to its proper place remains unless physically impossible.

Supporting text

The opinion supporting sending the offering rather than slaughtering it locally is held by Ibn Abbas, 'Ata, al-Nakha'i, and others. This is reasoned because the benefit of fasting does not extend to others, justifying its confinement to a location, whereas the benefit of Hady and feeding extends to the recipients, necessitating delivery to the prescribed location (the Haram).