What is the ruling for a pilgrim who makes the stipulation (Iztithnar) upon entering Ihram?
Chapter on Mentioning Ihram
Al-Mughni
Book of Hajj
Primary text
It is recommended for one entering Ihram for any rite to stipulate at the commencement, saying: 'If a barrier prevents me, then my place of exiting the state of Ihram is where I am held back.' This stipulation serves two purposes: first, it permits the pilgrim to exit the state of Ihram if hindered by an impediment such as an enemy, illness, or lack of funds. Second, when exiting due to such a hindrance, there is no penalty of expiation (Damm) or obligatory fasting required. This view is supported by Umar, Ali, Ibn Mas'ud, Ammar, 'Ubaydah al-Sulmani, 'Alqama, al-Aswad, Shurayh, Sa'id ibn al-Musayyib, 'Ata' ibn Abi Rabah, 'Ata' ibn Yasar, 'Ikrimah, and Al-Shafi'i during his time in Iraq. The evidence for this permissibility is the Hadith narrated by 'A'ishah, where the Prophet (peace be upon him) permitted Dhuba'ah bint Al-Zubayr, who was ill, to perform Hajj while stipulating, 'My place of exiting is where you hold me back.' Furthermore, the narration from Ibn 'Abbas confirms this instruction, stating, 'For you, concerning your Lord, is what you have excepted.'
Supporting text
The opposing view holds that making the stipulation is disliked or invalid. This view is attributed to Ibn 'Umar, Tawus, Sa'id ibn Jubayr, Al-Zuhri, Malik, and Abu Hanifah. Ibn 'Umar's argument was that the Sunnah of the Prophet (peace be upon him) is sufficient. Abu Hanifah holds that the stipulation only nullifies the requirement of expiation (Damm) but permits exiting the state of Ihram based on any form of impediment. The opponents argue that since the rite is established by divine law, stipulation has no effect, analogous to fasting and prayer.