Ruling on Hajj and conditions of its obligation
The obligation of Hajj is one of the best acts of worship that bring
one closer to Allaah The Almighty. It was Legislated by Allaah to
complete His religion. Allaah The Almighty also Legislated ‘Umrah,
which was mentioned in the Noble Quran right after the obligation of
Hajj. Allaah The Almighty Says (what means): {And complete the Hajj
and ‘Umrah for Allaah} [Quran 2:196]
There are important rulings that pertain to these two acts of worship
that should be known by the pilgrims to be well informed and worship
Allaah with insight. Allaah The Almighty Has not only Ordered His
slaves to worship Him sincerely, but He also Ordered them to worship
Him according to what He Has Legislated.
The following is a summary of the most important rulings of Hajj and
‘Umrah that would help you perform this great pillar of Islam
correctly.
The ruling on Hajj and ‘Umrah
The Quran, Sunnah and the consensus of scholars prove that Hajj is
obligatory for the one who can afford it once in his lifetime. Allaah
The Almighty Says (what means): {And [due] to Allaah from the people
is a pilgrimage to the House - for whoever is able to find thereto a
way.} [Quran 3:97]
As for the Sunnah, Hajj was mentioned in many Hadeeths. It was
narrated on the authority of Ibn ‘Umar, May Allaah Be Pleased with
him, that the Prophet said: “Islam is built on five (pillars):
testifying that there is none worthy of worship but Allaah and that
Muhammad is the Messenger of Allaah, offering the (compulsory
congregational) prayers, paying Zakaah, fasting Ramadhaan and
performing Hajj for whoever is able to find a way.” [Al-Bukhaari and
Muslim]
The consensus of scholars was reported by Ibn Al-Munthir, Ibn
Qudaamah, May Allaah Have mercy upon them, and others.
As for ‘Umrah, scholars held different opinions regarding its ruling.
Some scholars said that it is obligatory for the people who are
obliged to perform Hajj (i.e. capable of performing it). Those
scholars cited a number of proofs and among them was the Hadeeth that
was narrated by ‘Aa’ishah, May Allaah Be Pleased with her, where she
said: “I said, ‘O Messenger of Allaah! Is Jihaad prescribed for
women?’ He said, ‘Yes. Jihaad that does not involve fighting; the Hajj
and ‘Umrah.’” [Ahmad]
On the other hand, scholars who said that ‘Umrah is not obligatory
cited the following Hadeeth:
The Prophet was asked If ‘Umrah is obligatory or not. He replied,“No,
but it is better to perform it.”[At-Tirmithi and others] The
authenticity of this Hadeeth is disputable.
Moreover, scholars held different opinions whether the person who is
capable of performing Hajj should perform it immediately or he may
delay it. Most scholars said that he should perform it immediately and
it is not permissible for him to delay it if he is capable of doing
it. Allaah The Almighty Says (what means):
{And complete the Hajj and ‘Umrah for Allaah} [Quran 2:196]
{And [due] to Allaah from the people is a pilgrimage to the House -
for whoever is able to find thereto a way.} [Quran 3:97]
The basic principle is that the person who is competent for religious
assignments should perform them at once.
Conditions that make Hajj obligatory
Hajj becomes obligatory for the person who is competent for religious
assignment only when certain conditions are met. These conditions are
called “conditions of obligation”. These conditions are:
Islam
Hajj is not obligatory for non-Muslims and even if they perform it, it
will not be accepted. Allaah The Almighty Says (what means): {And what
prevents their expenditures from being accepted from them but that
they have disbelieved in Allaah and in His Messenger.} [Quran 9:54]
Islam is a condition for the validity of all acts of worship and a
condition for its obligation.
Competency
This means that the Muslim should be mature and in full possession of
his mental faculties. Hajj is not obligatory for the young Muslim as
he is not competent for religious assignment. However, if a young
Muslim performs Hajj, it will be accepted. A woman came to the
Prophet raised a boy to him and asked him,“Can this young boy perform
Hajj?” The Prophet said, “Yes, and you will be rewarded.” [Muslim]
However, this Hajj will not exempt him from performing the obligatory
Hajj after reaching puberty. Thus, the person should perform Hajj once
more after reaching puberty. If a person is insane, he is not obliged
to perform Hajj and if he performs it, it will not be valid as one of
the conditions of Hajj is the intention and an insane person can not
have such an intention.
Freedom
Hajj is not obligatory for slaves as they are not capable of finding a
way thereto, but if they perform it, it will be valid. However, this
Hajj should be performed once more after being emancipated.
Capability
Capability includes both physical and financial capability. That is,
the person should afford performing Hajj and be physically able to
perform its rituals. If the person who is competent for religious
assignment was unable financially and physically to perform the
rituals, Hajj will not be obligatory for him as he is not capable of
performing it.
If the person could afford Hajj but was physically incapable, he
should assign a proxy. A woman from the tribe of the Khutha’mah came
to the Prophet and said: “O Messenger of Allaah! The obligation of
Hajj enjoined by Allaah on His slaves has become due (compulsory) on
my father who is an old man and cannot sit firmly on the riding
animal. Can I perform Hajj on his behalf?” He said, “Yes.” [Al-
Bukhaari]
The person who is competent for religious assignment is not required
to borrow money to perform Hajj. Also, one is not required to perform
Hajj by taking money from another person and he is not considered
capable by this.
The financial capability that is considered under Sharee’ah for Hajj
is to have sufficient money for the journey and the accommodation and
that this money should be extra than what he needs for paying his
debts, expenses that he is responsible for and his basic needs such as
his food, clothing, housing and so forth. If someone was in debt and
the time of repayment was due, he will not be required to perform Hajj
until he repays the debt.
If someone wanted to get married and was afraid of hardship or of
committing something unlawful, he might get married before performing
Hajj. However, if he did not fear hardship, he might perform Hajj
first.
The availability of a Mahram for a woman
Part of the capability is the availability of a Mahram for the woman
who wants to perform Hajj. If a woman could not find a Mahram, Hajj
will not be obligatory for her because women are forbidden from
travelling without Mahram. The Prophet said: “It is not lawful for
any woman who believes in Allaah and the Day of Judgment to travel
without having a Mahram.” [Al-Bukhaari and Muslim] A Mahram is the
husband of the woman or any man who is eternally prohibited for her by
virtue of blood relation, suckling or marriage relationships.
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