His statement, “then he must offer a sacrificial animal”: What evidence is there that one who omits an obligatory rite must offer a sacrificial animal?
This too requires clear evidence—evidence with which a person can stand before his Lord—when he declares obligatory upon Allah’s servants something that Allah has not made obligatory for them. For making obligatory what is not obligatory is like waiving what is obligatory, or even more serious. Waiving an obligation is a concession, whereas making obligatory what is not obligatory is a burden; and what accords with Islam is ease. Thus, making obligatory what is not obligatory is more serious than waiving what is obligatory, because it is graver: it involves speaking about Allah without knowledge and imposing hardship upon the servants. Waiving what is obligatory on the basis of independent legal reasoning entails only one thing: waiving something that may perhaps be obligatory. But does it impose any burden upon the servants?
The answer is: No. The same applies with regard to declaring things forbidden or lawful: declaring forbidden something that is permissible is more serious than permitting something that may perhaps be forbidden.
The evidence for this is the statement of the eminent Companion Ibn Abbas, may Allah be pleased with him: “Whoever omits or forgets anything from his rites of pilgrimage, let him shed the blood of a sacrificial animal.” (1) This argument rests on the premise that such a statement is not something that could be said on the basis of personal opinion; it therefore carries the ruling of a report traced back to the Prophet. For when a Companion makes a statement or performs an act that cannot be based on personal opinion, it is regarded as having the legal status of a report traced back to the Prophet.
The objection raised concerning what Abdullah ibn Abbas, may Allah be pleased with him, narrated from the Children of Israel does not undermine this. It has been alleged that he was known to be lenient in transmitting reports from them, though this is not correct; rather, he was stringent concerning their transmission, as mentioned previously. Moreover, this is a ruling, not a report. Accordingly, we say the following: