What is the ruling regarding a dam (sacrifice) incumbent upon one who intentionally misses the three days of fasting during the prescribed Hajj period, whether by fasting the days of Tashriq or not?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
If the ruling is that fasting the days of Mina is mandatory and he did not fast them, then he must fast the following ten days. Similarly, the ruling applies if we hold that he must fast the days of Mina and failed to do so. Regarding the obligation of a dam upon him, the narrations from Ahmad differ. One narration states a dam is due because he postponed an obligatory rite of Hajj past its time, requiring a dam, like the stoning of the Jamarat, with no distinction between postponing due to an excuse or without one, based on the previous evidence.
Supporting text
The view of Al-Qadi is that if he postponed it due to an excuse, only making up the fast is required, because if the dam, which is the substitute, were postponed due to an excuse, no dam would be due for the postponement, making the substitute (fast) more deserving of exemption. Ahmad narrated that no dam is incumbent upon him in any case with the fast. This is the preference of Abu Al-Khattab and the position of Ash-Shafi'i, as it is an obligatory fast requiring makeup if missed, like the fast of Ramadan. However, if the obligatory Hady is postponed due to an excuse, such as loss of funds, only making it up is required, like other obligatory Hady sacrifices.