Question:
What if a person (woman) intended Hajj from Madeenah but on slept on the bus before getting to Dhul-Hulayfah and was not woken up until sometime after the bus had continued from Dhul-Hulayfah towards Makkah? What is her recourse?
Fatwa:
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger, may Allah exalt his mention as well as that of his family and all his companions.
Whoever intents Hajj or 'Umrah and passes by the Meeqat (i.e. a place designated by the Prophet to assume Ihraam from) without assuming Ihraam, then he has to return to the Meeqaat and assume Ihraam from there. If one deliberately passes the Meeqaat without assuming Ihraam, he is sinful. If he did not return to the Meeqaat and assumed Ihraam after passing its limits, then he has to slaughter a sheep whether or not he had a valid reason for not returning to the Meeqaat, and whether or not he knew the ruling, or did that deliberately or out of forgetfulness.
Among the valid reasons for not returning to the Meeqaat is the fear of not catching up with the company, or being very sick, or fearing to miss the standing on the mount of 'Arafah because of the lack of time.
Therefore, this woman has to offer a sacrifice (sheep) if she did not return to the Meeqaat and did not make Ihraam from there.
Allah Knows best.