A Mutamatti` searched for a Hady but could not find it, and thus observed Sawm after returning to his country
The Permanent Committee for Scholarly Research and Ifta' has reviewed the question no. 137, dated 2/9/1419 A.H. submitted to His Eminence, the Grand Mufty, by the Chairman of Fayfa Committee Center, and referred to the Committee by the Secretariat General of the Council of Senior Scholars, under no. 5590, dated 8/9/1419 A.H. The letter of His Eminence included the Fatwa request that reads as follows:
In 1413 A.H., my wife and I performed Tamattu` Hajj (`Umrah during the months of Hajj followed by Hajj in the same year with a break in between) and I knew that my wife and I should offer Hady (sacrificial animal offered by pilgrims). However, some friends of mine told me that it is better to pay money to the bank, so I went to the bank but it refused to accept any money from me. Then I went to the slaughterhouse to buy the Hady, but the merchants seized the opportunity and raised the prices, so I did not purchase an animal. However, I performed the rest of the rituals of Hajj. Some people told us that it is sufficient to slaughter the sacrificial animal in our country and distribute it among the poor people there. Others told me to observe Sawm (Fast) for ten days, which I did after returning to my home in the Kingdom of Saudi Arabia. I also slaughtered two sacrificial animals in my homeland, Egypt, and distributed them among the poor people and my family. Unfortunately, I am not at ease, for I know that I should have fasted for three days in Makkah and seven after Hajj, but I was in a hurry and my circumstances prevented me from staying any longer in Makkah. More importantly, I would like to know whether I should return to Makkah and buy two Hadys for my wife and me and distribute them among the poor people in Makkah or should I perform the obligation of Hajj alone this year and slaughter two Hadys for my wife and me? Which is better, from the point of view of Your Eminence? Kindly clarify this matter for me so that my and my wife's Hajj is acceptable, without any shortfalls. May Allah reward you with the best! Is it permissible for me to act on her behalf in slaughtering the Hady or should she go with me, bearing in mind that she is breastfeeding and could not go to perform Hajj again this year.
May Allah guide you to what He likes and pleases Him!
Having studied the Fatwa request, the Committee answered that if the reality is as you mentioned, that you were unable to find a Hady and the banks buying the Hady on behalf of the pilgrims refused to accept money from you because Hady prices had gone up, you are in this case unable to offer Hady, and so it is permissible for you to observe Sawm instead. Your Sawm for ten days after returning to your residence in the Kingdom is acceptable and will be rewarded In sha’a-Allah (if Allah wills). There is nothing wrong with that and you are not obliged to offer a Fidyah (ransom).
However, as Allah mentioned in His Ever-Glorious Qur'an, fasting for three days during Hajj and seven days after returning to your residence is the ideal and most perfect way to discharge the obligation as soon as possible, and this is a Rukhsah (concession) granted by Allah. But as you were unable to do so due to running out of time and being occupied with your business and travel, there is nothing wrong with you having fasted the ten days after returning to your residence, and this does not affect the validity of your Hajj In sha’a-Allah. Similarly, your wife has to fast for ten days for not completing the Hady, if she did not do so after returning from Hajj, in order to discharge the obligation. She does not have to offer Fidyah and her Hajj is complete In sha’a-Allah.
May Allah grant us success! May peace and blessings be upon our Prophet Muhammad, his family, and Companions!
|Bakr Abu Zayd||`Abdullah ibn Ghudayyan||`Abdul-`Aziz Al Al-Shaykh||`Abdul-`Aziz ibn `Abdullah ibn Baz|