What is the ruling if one vows to perform Hajj or 'Umrah walking and becomes incapable?
General Chapter
Al-Mughni
Book of Vows
Primary text
Whoever vows to walk to the Sacred House must fulfill that vow. This is the position held by Malik, Awza'i, Shafi'i, Abu Ubayd, and Ibn al-Mundhir, with no known opposition. This is due to the Hadith prohibiting setting out except for three mosques, and walking is only required in the context of Hajj or 'Umrah. If the vow is unconditional walking to the Sacred House, it is understood to mean walking during Hajj or 'Umrah. If the person becomes incapable of walking, they must ride and offer the expiation of an oath.
Supporting text
Another narration from Ahmad suggests a sacrificial animal (dam) is obligatory, supported by a narration concerning the sister of 'Uqba ibn 'Amir, suggesting she was ordered to ride and offer a sacrificial offering (hadī), though this narration has weakness. This is reasoned because neglecting a required element of Ihram necessitates a sacrificial animal, similar to abandoning Ihram from the Miqat. Ibn Umar and Ibn Zubayr stated that the person should perform Hajj the following year, riding what they would have walked and walking what they would have ridden, with Ibn Abbas adding a sacrifice. Abu Hanifa mandates a sacrifice (at least a sheep) whether one is capable of walking or not. Shafi'i holds that no expiation is due upon incapacity unless the vow was specifically walking to the Sacred House, in which case there are two opinions.