Is a sacrificial animal (Hady) obligatory upon one who dissolves the Ihram due to restriction (Hasr)?

Chapter on What the Muhrim Must Avoid and What is Permissible for Him

Al-Mughni

Book of Hajj

Book 11 · Issue 4 · Bab 3

Open in Qurani

Primary text

The majority of scholars mandate that a sacrificial animal is due from the person who dissolves the Ihram due to restriction. This is based on the Quranic injunction: {But if you are prevented, then [offer up] what can be easily obtained of the sacrificial animal} [Quran 2:196]. Furthermore, since dissolution was permitted before the completion of the rites, the Hady is required, similar to one who misses Hajj, which distinguishes this case from one who completes his Hajj.

Supporting text

It is narrated from Malik that no sacrificial animal is due because the dissolution was permitted without negligence, making it akin to one who completed his Hajj. This view is incorrect because Allah mandated the Hady, and the permission to dissolve before completion necessitates the offering, unlike one who finished the pilgrimage.