Likewise, anyone who has missed the Hajj—regardless of the manner in which he missed it—must perform the pilgrimage the following year, and he must offer a hady (sacrificial animal) for having failed to complete the rites. He is to drive that hady along with the make-up pilgrimage. The animal he had previously brought while he was held back by illness does not satisfy the present obligation if the Hajj has lapsed. Should he be unable to procure another hady, he fasts the same fast prescribed for a pilgrim performing tamattuʿ: three days during the season of Hajj and seven after he returns home; that is ten complete days.
It is not proper for the one who has missed the Hajj—whether through illness, some other excuse, or for any reason at all—to hasten the slaughter of his hady during the ʿUmrah by which he releases himself from iḥrām. Rather, he should defer it until the make-up Hajj. If he subscribes to the view that a hady is also due from someone blocked by an enemy—a position held by some of Mālik’s companions and a number of other scholars—then bringing it forward is still disliked by Mālik, even though he considers it valid. Some of his followers maintain that such a premature offering does not count, but their reasoning is weak, and Mālik’s verdict is the sounder opinion.
As for a group prevented by an overpowering enemy—whether because of civil strife or any other cause—they may choose to fight the enemy or to refrain and wait. If Allah removes the obstacle and they hope to catch the Hajj, they proceed at once; but if they despair of the enemy’s withdrawal, then anyone who has a hady with him should slaughter it, each pilgrim should shave his head, and they all exit iḥrām, whether this occurs in the ḥill or within the ḥaram. No hady is thereafter required of them, nor must they make up either Hajj or ʿUmrah, unless one of them had never fulfilled his obligatory Hajj; in that case, the duty remains upon him, and the same applies to ʿUmrah for those who deem it mandatory.
Some scholars from Medina hold that a hady is obligatory upon the person blocked by an enemy, and that he may not exit iḥrām except by slaughtering an animal or by sharing in the sacrifice—his share being no less than one-seventh of a camel or a cow—after which he shaves.
Mālik, however, maintains that no hady is due from someone prevented by an enemy unless he had already brought a sacrificial animal, in which case he should slaughter it. Shaving the head is a sunnah and a rite incumbent upon the pilgrim who remains in iḥrām for his Hajj, upon the one who has missed the Hajj, and upon the person detained during Hajj who stays in iḥrām until the next year, for he is still regarded as performing Hajj; no hady is required of him, and his situation is not the same as that of one whose Hajj has been invalidated.