85- It has therefore become clear that, although the prayer is more firmly enjoined than jihad, when the two vie for attention the prayer is lightened¹ so that the benefit of jihad is not forfeited².
86- The same principle applies to the Hajj, even though—by consensus of the Muslims—it ranks below the prayer.
Issue: When the time for Hajj becomes constricted
87- If its time grows tight and the Hajj conflicts with another intended act—for instance, a pilgrim on the night of sacrifice, which is the eve of ʿArafah, is heading toward ʿArafah—then, should he stop to perform the prayer in its settled form, he will miss the standing (wuqūf); but if he presses on in order to reach ʿArafah before dawn, the prayer will elude him.
88- The jurists hold three opinions:
• One says that the standing takes precedence, because missing it inflicts a tremendous loss by invalidating the Hajj.
• Another says that the prayer comes first, for it is more emphatically obligatory.
• A third view is that he should do both, performing the prayer to the extent possible in a way that does not make him miss the standing. This is the fairest of the opinions, and it is³ the position of a group among the companions of Ahmad, al-Shāfiʿī, and others.
The prayer of the fearful person who is being pursued
89- The scholars are unanimously agreed that someone who is afraid and being pursued performs the prayer prescribed for a person in fear.