The rulings of Ishtiraat (stipulation) in Hajj or ‘Umrah
19-1-2014 | IslamWeb
Question:
What is the manner of Talbiyah that a pilgrim has to say so that in case he is prevented from completing the rituals, he ends his Ihraam without responsibility to offer a sacrificial animal? If one is prevented and he ended the state of Ihraam, is he required to make up for Hajj? Is there a certain wording of Talbiyah for each of the three types of Hajj: Tamattu‘, Ifraad and Qiraan?
Answer:
All perfect praise be to Allaah, The Lord of the worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
You should know first that none of the scholars is of the view that Ishtiraat in Hajj or ‘Umrah is obligatory. Rather, the scholars had different opinions regarding its ruling under the Sharee`ah. They provided three opinions:
First: that it is recommended for all those who want to perform Hajj or ‘Umrah.
Second: that it is not valid under the Sharee`ah at all cases.
Third: that it is permissible for those who fear to stop completing the rituals due to an illness or a similar reason. This is the view of Shaykh-ul-Islaam, Ibn Taymiyyah 
. The prominent scholar, Ibn ‘Uthaymeen considered the last opinion as preponderant and he said:
The sound view is that Ishtiraat is not prescribed unless one fears that something might prevent him from completing the rituals, as when he is sick and fears that his sickness could worsen and prevent him from completing the rituals. Such a person is permitted to make a condition. But if one does not fear anything to prevent him from completing the rituals, he is not permitted to set a condition. Only through this opinion, all relevant proofs can be understood together.
The point of evidence is that the Prophet, sallallaahu ‘alayhi wa sallam, performed both Hajj and ‘Umrah and he neither made a condition nor said to people in general: make a condition when you assume Ihraam. But, when Dhubaa‘ah bint Az-Zubayr 
said to him: "I am an ailing woman but I intend to perform Hajj; what do you command me (to do)?" He said: "Enter into the state of Ihraam and say these words of condition: ‘I would be free from it (Ihraam) wherever/whenever You Would Prevent me.’ Your condition is valid with your Lord." Accordingly, it is permissible for a person who experiences similar circumstances to make a condition; otherwise, it is not.
As for the prescribed manner of Talbiyah when a pilgrim wants to make a condition, it is to say the normal Talbiyah (i.e. saying: labbayka Hajj) for the type of Hajj he intends, Ifraad, Tamattu‘ or Qiraan, and then say as the Prophet, sallallaahu ‘alayhi wa sallam, commanded Dhubaa‘ah bint Az-Zubayr to say: If something would prevent me, I would be free from it wherever You Would Prevent me."
This exact wording is not obligatory and a pilgrim can use any wording which expresses his intention. Ibn Qudaamah said: "Another wording of the same meaning would serve the purpose, because the meaning is what counts here and the statement is just used to express the meaning."
As for the benefit of Ishtiraat, it allows a pilgrim who is prevented from completing the rituals to end Ihraam while he is not required to do what others are required to do of slaughtering and making up for Hajj. That person is not required to make up for Hajj unless he has not yet performed the obligatory Hajj. In the latter case, he is still required to perform Hajj. Ibn ‘Uthaymeen said:
As for the benefit of Ishtiraat, it allows a pilgrim who is prevented from completing the rituals to end Ihraam while he is liable for nothing. In other words, he ends Ihraam while he is liable to neither compensation nor making up for Hajj.