Is the penalty blood sacrifice (dam) waived if the Hajj Ifrad or Tamattu rituals are invalidated?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
The required blood sacrifice is not waived for the pilgrim performing Hajj Ifrad or Tamattu if their ritual is invalidated. This opinion is held by Malik and Al-Shafi'i. The evidence supporting this ruling is that what becomes obligatory in a valid ritual remains obligatory in an invalidated one, analogous to actions within the ritual. Furthermore, it is a blood sacrifice that became incumbent upon the pilgrim, and an obligation once established cannot be dropped simply due to the invalidation of the ritual, similar to the blood sacrifice due for omitting the Miqat station.
Supporting text
Abu Hanifa holds that the blood sacrifice is waived. A narration from Ahmad supports this view, based on the reasoning that the pilgrim did not attain the benefit (tarafuh) associated with combining the two journeys (Hajj and Umrah) that the Tamattu requires the sacrifice to compensate for.