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Section I: Missing the Deadline

Firstly: The Meaning of Missing the Deadline
Linguistically, fawat (missing the deadline) is derived from a verb that means to pass something by or for the time for something to have expired.
Technically, fawat means that the Sharia-appointed time for an act called for by the Sharia has expired.
Secondly: Missing the Deadline for Hajj
Whoever does not stand at `Arafah until dawn on the Day of Eid al-Adha has missed the deadline for Hajj. Consensus on this was related by Ibn al-Mundhir, Ibn `Abd al-Barr, Ibn Qudamah, and al-Nawawi.
Thirdly: Missing the Deadline for `Umrah
There is no case where the deadline for `umrah is missed. This is by agreement of the four schools of jurisprudence.
Fourthly: How one who Missed the Deadline for Hajj is Released
Whoever misses the deadline for Hajj must circumambulate, walk between Safa and Marwah, and shave their head or cut their hair. In this way, they are released from Hajj. This is by agreement of the four schools of jurisprudence. This is the position of a group of the Salaf.
Fifthly: The Ruling of Release
Scholars have differed regarding someone who missed the deadline for Hajj: does he have the choice to remain in a state of ihram until the following year or release himself? There are two positions:
The first position: One who misses the deadline for Hajj may choose whether to remain in ihram until the following year or to release himself, but releasing oneself is superior. This is the position of the Malikis and Hanbalis. This is the chosen position of Ibn `Uthaymin.
The second position: One who misses the deadline for Hajj must release himself by performing `umrah. He may not remain in his state of ihram until the following year. This is the position of the Hanafi and Shafi`i schools. This is the chosen position of Ibn al-Mundhir. Sixthly: What is Required of One who has Missed the Deadline for Hajj
1. Making it up
The ruling of making up the wajib Hajj
Whoever misses the deadline for the wajib performance of Hajj is required to make it up. Consensus on this was related by al-Jassas, Ibn Rushd, Burhan al-Din Ibn Muflih, and Ibn Nujaym.
The ruling of making up an additional Hajj
Whoever misses the deadline for an additional performance of Hajj must make it up. This is by agreement of the four schools of jurisprudence.


2. Hady
Whoever misses the deadline for Hajj is required to sacrifice a hady. This is the position of the majority: the Malikis, Shafi`is, and Hanbalis.


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