Their proof is the unrestricted wording of the prohibition, whereas the main evidence for those who require no expiation is the ḥadīth transmitted by ʿAmr ibn Dīnār from Jābir and Ibn ʿAbbās, who said, “I heard the Messenger of Allah—may Allah bless him and grant him peace—say,

‘Trousers are permitted for whoever cannot find a waist-wrapper, and khuffs for whoever cannot find sandals.’ ”

The jurists disagreed about a pilgrim who, while sandals are available, puts on two khuffs after cutting them below the ankles:
• Mālik held that a fidyah is due.
• Abū Ḥanīfah maintained that no fidyah is required.
• Both opinions are reported from al-Shāfiʿī.

They also differed over a woman who wears gloves: must she pay an expiatory sacrifice or not? Many such rulings have already been mentioned in the chapter on iḥrām.

Likewise they disagreed concerning a pilgrim who omits the talbiyah: is a blood sacrifice obligatory or not? This has been discussed earlier.

All are agreed that if someone forgets the tawāf or forgets one of its circuits, he must repeat it so long as he remains in Mecca. If he has already reached his home, however, they differ:
• A group—including Abū Ḥanīfah—say that a blood sacrifice suffices.
• Another group say that he must return and perform what he missed; a sacrifice does not suffice.

They also differed about the obligation of a blood sacrifice for one who omits the ramal in the first three circuits. Obligation was affirmed by Ibn ʿAbbās, al-Shāfiʿī, Abū Ḥanīfah, Aḥmad, and Abū Thawr, while two opinions are related from Mālik and his companions.

All these disagreements revolve around a single issue: is the act in question an emphatically established Sunnah or not? This has already been explained.

Kissing the Black Stone—or, if one cannot reach it, placing one’s hand upon it and then kissing the hand—incurs a blood sacrifice, according to those scholars who elsewhere do not impose such a sacrifice by analogy with the pilgrim performing tamattuʿ when an act is omitted.

They likewise disagreed about a pilgrim who forgets the two rakʿahs of tawāf until he returns to his homeland:
• Mālik said a blood sacrifice is due.
• Al-Thawrī held that he may pray the two rakʿahs so long as he is still within the Sacred Precinct.
• Al-Shāfiʿī and Abū Ḥanīfah said he may pray them wherever he likes.

Those who regard the Farewell Tawāf as non-obligatory differed about a pilgrim who omits it and cannot come back to perform it:
• Mālik ruled that nothing is due unless he is nearby, in which case he must return.
• Abū Ḥanīfah and al-Thawrī held that a blood sacrifice is required if he does not return, and they consider him still able to “return” so long as he has not yet passed the miqāt.

The argument of those who do not regard this tawāf as an emphatically confirmed Sunnah is that it is waived for the Meccan resident and for the menstruating woman. According to Abū Ḥanīfah, if a pilgrim fails to include the Ḥijr (the semicircular enclosure) within his tawāf, he must repeat it as long as he remains in Mecca; if he has already left, a blood sacrifice becomes obligatory.

The jurists also differed as to whether walking is a condition for the validity of tawāf when one is able to do so:
• Mālik said it is, just as standing is required in prayer; if one is unable, his tawāf resembles the prayer of a seated person, and in Mālik’s view he must repeat it at any time—unless he has reached his homeland, in which case a blood sacrifice becomes due.
• Al-Shāfiʿī maintained that performing tawāf while mounted is permissible, “for the Prophet—peace and blessings be upon him—circumambulated the House riding, though he was not ill; he only wished the people to see him.”

Whoever does not regard saʽy as obligatory must offer a blood sacrifice for it once he has returned to his country; whereas whoever considers it voluntary owes nothing.

Their disagreement likewise extends to the one who