The twelfth ruling: Pilgrimage consecration continues after death and is not terminated by it (1). This is the view of ʿUthmān, ʿAlī, Ibn ʿAbbās, and others, and it was also adopted by Ahmad, al-Shāfiʿī, and Ishāq. Abū Hanīfah, Mālik, and al-Awzāʿī held that it ends (2) with death, and that the deceased is treated like someone who is not in pilgrimage consecration, citing the Prophet’s statement, peace and blessings be upon him: “When one of you dies, his deeds come to an end except for three” (3).

They said: The hadith concerning the man whose mount broke his neck provides no evidence (4), because its ruling applies exclusively to him—just as they maintained that the Prophet’s funeral prayer for al-Najāshī applied exclusively to him.

The majority replied: The claim that the ruling applies exclusively to him runs contrary to the governing presumption and therefore cannot be accepted. The words in the hadith, “For he will be resurrected (5) reciting the talbiyah (pilgrimage invocation),” indicate the underlying legal cause. Had the ruling applied exclusively to him, the Prophet would not have indicated that cause—especially if one holds that a cause confined to the original case cannot validly serve as the basis for a ruling. He said something similar concerning the martyrs of Uhud: “Wrap them in their clothes with their wounds (6), for they will be resurrected on the Day of Resurrection with the color of blood (7) and the scent of musk (8)” (9). And this