The Hajj Rites of the Pilgrims Injured or Killed in Mina Disaster
Question 1: If a person becomes able to afford a Hajj Pilgrimage, whether the lesser (Umrah) or greater (Tamattu’), and prepares and gets Muhrim for it, and then, while performing the rites, they die, will they be released from the obligation of Hajj?
Answer: If such a person dies after becoming Muhrim and entering the Masjid al Harām, this will definitely suffice the performance of the obligatory Hajj. But if they die before entering the Masjid al Harām, it depends on the time they have become able to afford the pilgrimage: if they have become a Mustatee’ (able) in the same year, Hajj will no more be obligatory for them since they are no more able (Mustatee’) to perform it in terms of time. However, if they became Mustatee’ (able) in the previous years, a substitute should be appointed to perform it on behalf of the dead pilgrim, and the performance of the rites by the substitute will suffice the obligation upon the dead pilgrim.
Question 2: If a pilgrim dies after Wuqufayn (the two stays) and before the rites of Mina and Mecca, will the Hajj of such a person be sufficient and in order?
Answer: As mentioned in the answer to the previous question, the Hajj of such a person will be in order and sufficient.
Question 3: If after Wuqufayn (the two stays), a pilgrim is not able to perform some of the rites of Mina or Mecca due to an illness or unconsciousness, what should they do?
Answer: If there is no hope that they will recover from illness or regain consciousness, they should appoint a substitute to do the Ramy al Jamarat (stoning the Satan) and the slaughtering of a sacrifice for them, but the pilgrim themselves will have to shave their head (Halq) or cut their hair short (Taqseer) if they are able to do so and if not, the substitute may shave their head or cut their hair short. Then, the pilgrim will come out of Ihrām and the substitute will do the rites of Mecca for them so that the unlawful things for the pilgrim shall become lawful for them. However, if there is hope that they will recover from illness, still they can appoint a substitute to perform the rites for them and when they recover, it is an obligatory precaution to do the Ramy themselves if the time has not lapsed yet, even if they have already slaughtered their sacrifice, head shaving, and hair cutting since, in Mina rites, it is not obligatory to observe the sequence. In the case of an unconscious pilgrim, others can perform the rites on behalf of them, then shave the unconscious pilgrim’s head or cut their hair short, take off their Ihrām, and finally, perform the other Mecca rites for them to make the other unlawful things lawful for them. It is, however, a recommended precaution (Ihtiāt al Mustahab) for the unconscious pilgrim to perform the rites once again themselves if they regain consciousness before the time for the rites lapses.Date: 2015/10/03