The rulings of Ishtiraat (stipulation) in Hajj or ‘Umrah (lesser pilgrimage)

Question

What is the manner of Talbiyah (the Hajj-related chant) that a pilgrim should say so that in case he is prevented from completing the rituals, he ends his Ihraam (ritual consecration) without having to offer a sacrificial animal? If one is prevented and he ends the state of Ihraam, is he required to make up for Hajj? Is there a certain wording of Talbiyah for each of the three types of Hajj, namely: Tamattu‘, Ifraad and Qiraan?
 
Answer
All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) is His Slave and Messenger.
 
You should know first that none of the scholars are of the view that Ishtiraat in Hajj or ‘Umrah is obligatory. Rather, the scholars hold different opinions regarding its ruling under the Sharee`ah. They have provided three opinions:
 
First: that it is recommended for all those who want to perform Hajj or ‘Umrah.
Second: that it is not valid under the Sharee`ah under all circumstances.
Third: that it is permissible for those who fear the premature termination of their rituals due to an illness or a similar reason. This is the view of Shaykh Al-Islam, Ibn Taymiyyah  may  Allah  have  mercy  upon  him. The prominent scholar, Shaykh Ibn ‘Uhaymeen  may  Allah  have  mercy  upon  him considered the last opinion as preponderant and said
 
The sound view is that Ishtiraat is not prescribed unless one fears that something might prevent him from completing the rituals, such as when he is sick and fears that his sickness could worsen and prevent him from completing the rituals. Such a person is permitted to make a condition. But if one does not fear anything preventing him from completing the rituals, he is not permitted to set a condition. Only through this opinion can all relevant proofs can be understood together.
 
The point of evidence is that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) performed both Hajj and ‘Umrah and he neither made a condition nor said to people in general to set a condition when they assume Ihraam. But, when Dhubaa‘ah bint Az-Zubayr, may Allah be pleased with her, said to him, "I am an ailing woman but I intend to perform Hajj; what do you command me (to do)?" He said: "Enter into the state of Ihraam and say these words of condition: ‘I would be free from it (Ihraam) wherever/whenever You [Allah] prevent me.’ Your condition is valid with your Lord." Accordingly, it is permissible for a person who experiences similar circumstances to make a condition; otherwise, it is not.
 
As for the prescribed manner of Talbiyah when a pilgrim wants to make a condition, it is to say the normal Talbiyah (i.e. saying, “Labbayka Hajj”) for the type of Hajj he intends, whether that be Ifraad, Tamattu‘ or Qiraan, and then say as the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) commanded Dhubaa‘ah bint Az-Zubayr, may Allah be pleased with her, to say, which is, “If something would prevent me, I would be free from it wherever You (Allah) prevent me.”
 
This exact wording is not obligatory and a pilgrim may use any wording which expresses his intention. Ibn Qudaamah  may  Allah  have  mercy  upon  him said, "Any other wording of the same meaning would serve the purpose, because the meaning is what counts here and the statement is simply used to express the meaning.”
 
As for the benefit of Ishtiraat, it allows a pilgrim who is prevented from completing the rituals to end his Ihraam and not be required to do what others are required to do of slaughtering and making up for Hajj. That person is not required to make up for that Hajj unless he has not yet performed his obligatory Hajj, in which case he is still required to perform Hajj. Shaykh Ibn ‘Uthaymeen  may  Allah  have  mercy  upon  him said,
 
As for the benefit of Ishtiraat, it allows a pilgrim who is prevented from completing the rituals to end Ihraam while he is liable for nothing. In other words, he ends Ihraam while he is liable to neither expiation nor making up for Hajj.
Allah Knows best.

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