What is the ruling on the Hajj of one who intended to perform Hajj but did not enter into the state of Ihram due to circumstances, and remained in Mecca for five days? Is he required to fast for three days or offer a fidyah? And is his Hajj suspended?
If one passes the without entering Ihrām, then enters Ihrām from Mecca and completes the Hajj, a dam (sacrificial animal) becomes obligatory. This dam must be slaughtered in Mecca, and its meat distributed among the poor there. The Hajj, in this case, is valid. If one is unable to offer the dam, then one must fast for ten days. However, if one does not form the intention of Ihrām at all, then the Hajj is invalid and does not count, and the obligation of Hajj remains due upon them. If one intended Ihrām but did not wear the Ihrām garments from the Miqat, then the Hajj is valid, and one owes a : fasting for three days, or feeding six needy persons, or sacrificing a sheep.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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