that if he misses it through negligence, then he must make it up; but if he misses it through no negligence of his own—for example, if they erred regarding the beginning of the month, thinking that the eighth day was the ninth, and were unaware that the new month had been legally established—then he does not have to make it up. This view, which distinguishes between the two cases, is a middle position between those who say that he must make it up and those who say that he does not.

Thus, there are three views:

The first: the established school holds that he must make it up.

The second: he does not have to make it up. This is the view given precedence by al-Muwaffaq in al-Muqniʿ.

The third: the distinction just mentioned: if he missed it through negligence, he must make it up; but if it occurred through no negligence of his own, he does not have to make it up.

This is the complete analogy with iḥṣār (being prevented from completing the pilgrimage rites), for the person prevented was stopped from completing the rite against his will.

Issue: The author, may Allah have mercy on him, did not address the question of what happens if the people err regarding the day of standing: they stand at Arafah, and then it is established by legally valid evidence that their standing took place on a day other than the Day of Arafah. Is their Hajj valid or invalid? At present, this may be difficult to occur, but in earlier times people might stand, then evidence would establish that their standing had actually been on the tenth day, and that the crescent had appeared before the people of Makkah had seen it. Must they then make it up?

The answer is no, because the crescent is only considered such once it has become publicly known among the people; and because they did what they were commanded to do. The Prophet ﷺ said: “If it is obscured from you, then complete the count as thirty.” (1) In this Hajj, then, it was obscured from them,