Book Name:Hajj Kay Fazail or Is Kay Ahkamaat
oppose them, you will be liable to give Dam or Sadaqah, however, there are some situations where one has no choice but to oppose the restrictions of Ihram. The Shari’ah has differentiated between actions that are done without an excuse and those that are done with an excuse. Some of these situations have been mentioned in the verse. If one intentionally opposes the restrictions of Ihram, he will be sinful and will also be liable to give expiation, and if he opposes them out of necessity, then he will not be sinful; however, he will still be liable to give expiation. But, the one who does it out of necessity has been given some dispensation. Hence, Sadr-ush-Shari’ah, Maulana Amjad Ali A’zami رَحْمَةُ الـلّٰـهِ عَلَيْه states: ‘Wherever the ruling of Dam applies, if it is done due to illness, severe heat, severe cold, a wound, boils, the severe harm of headlice, it is referred to as a ‘Ghayr Ikhtiyari’ offence. In this case, in place of Dam (Qurbani), one will have the option to give Sadaqah to 6 poor people, feed them two filling meals or to keep 3 fasts. If there is a ruling of Sadaqah for an offence, and he did it out of necessity, he will be permitted to keep one fast in place of Sadaqah. (Bahar-e-Shari’at, Part 6, Jurram aur in kay kafaray ka bayan, vol. 1, p. 1162)
فَمَنْ تَمَتَّعَ بِالْعُمْرَةِ اِلَى الْحَجِّ
So whoever takes the advantage of combining Hajj and ‘Umrah,
[Kanz-ul-Iman (translation of Quran)] (Part 02, Surah Al-Baqarah, Verse 196)
The one who has the honour of performing both, Hajj and Umrah, in one journey whilst observing its conditions, Qurbani is necessary upon him as a way of showing gratitude, and this is not the Qurbani that is given on the day of Eid, rather, it is other than that. If one does not have the means to perform Qurbani, he is commanded to keep 10 fasts; he should keep 3 of them on any of the days of Hajj, i.e. from 1 Shawwal till 9th Zul-Hijjah, after tying Ihram, and he has the option of keeping them together or separately. He should keep the remaining 7 fasts after 13th Zul-Hijjah. He can keep them in Makkah Mukarramah,