The Conditions for the Hajj
Section 2 The Conditions for the Hajj The conditions (shurut) which make the Hajj obligatory (wajib)for a Muslim are: maturity (bulugh), sanity (aql), and capability' (istita'ah). The Proviso of Bulugh The Hajj is not obligatory fo
Section 2
The Conditions for the Hajj
The Conditions for the Hajj
The conditions (shurut) which make the Hajj obligatory (wajib)for a Muslim are: maturity (bulugh), sanity (aql), and capability' (istita'ah).
The Proviso of Bulugh
The Hajj is not obligatory for children, regardless of whether a child is of the age of discretion (mumayyiz) or not (ghayr mumayyiz). For a mumayyiz child, the Hajj is voluntary and valid. However, it does not relieve him/her of the obligation to perform the obligatory Hajj (called hijjat al‑'Islam)later as an adult possessing istita'ah; this, in case he/she does not attain adulthood before the wuquf. On this all the five schools of fiqh are in agreement.
It is permissible for the guardian (wali) of a ghayr mumayyiz child to take him along on the Hajj pilgrimage. In that case, he puts on the child the dress of ihram; instructs him to say the talbiyah, if the child can say it well, or otherwise says it himself on the child's behalf; and is cautious lest the child commits some act unlawful (haram) for the pilgrims (hujjaj). The accompanying guardian also tells him to perform every act that the child can perform himself, and what he cannot, the guardian performs it on the child's behalf.
The schools of fiqh differ on two questions relating to the Hajj of a mumayyiz child: firstly, whether his Hajj is valid, irrespective of the permission of the guardian; secondly, whether he is relieved of the obligation of Hajj if he attains adulthood before mawqif.According to the Imamiyyah, Hanbali, and Shafi'i schools, the guardian's permission is a provision for the ihramto be valid. According to Abu Hanifah, the idea of validity is inapplicable to the child's Hajj, even if mumayyiz, and regardless of whether he obtains the permission of the guardian or not; because, according to him, there is nothing to a child's Hajj except its significance as an exercise (Fath al‑Bari, al‑Mughni, al‑Tadhkirah). According to the Imamiyyah, Hanbali and Shafii schools, if the child attains adulthood before mawqif, his obligatory duty of Hajj (hijjat al‑'Islam)is thereby fulfilled. And according to Imamiyyah and Maliki schools, the duty is fulfilled if he renews ihram(as an adult), otherwise not; which means that he should start the Hajj all over again from the beginning. (al‑Tadhkirah)
Insanity
Basically the condition of insanity relieves a person of all duties. Even if he were to perform the Hajj, and presumably in the way expected of a sane person, it would not fulfil his obligatory duty were he to return to sanity. If his insanity is periodic, when regained for a sufficiently long interval it iswajib for him to perform the Hajj with all its conditions and in all its details. However, if the interval of sanity is not sufficient to perform all the acts of the Hajj, he is quit of the obligation.
Istita’ah
All the five schools of fiqh agree that istitaah is a requirement for the Hajj duty to become obligatory as mentioned by the Qu’ranic verse: (“… if he is able to make his way there”). [10]
However, there is disagreement about the meaning of istitaah. In hadith it has been defined as consisting of "al‑zad wa al‑rahilah". Al‑rahilah' implies the expenses of to and fro journey to Mecca, and al‑zad' stands for the expenses required for transport, food, lodging, passport fees, and the like. Moreover, the funds needed to meet such expenses must come out of the surplus after paying one's debts, after arranging for one's family's livelihood, meeting the requirements of one's source of income (such as land for a farmer, tools for a craftsman, capital for a tradesman, and so on), and without compromising the security of his life, property and honour. All schools agree about it except the Malikis, who say that the duty of Hajj is obligatory for anyone who can walk. The Malikis also do not consider the necessity of providing for the living expenses of the family. Rather, they consider it compulsory for one to sell off his essential means of life, such as land, livestock, tools, and even books and unessential clothes. (al‑Fiqh ala al‑madhahib al‑'arbaah).
If a person upon whom the Hajj duty is not obligatory due to absence of istita'ah, takes upon himself the burden and performs the Hajj, in case he attains istita'ah afterwards, is his first Hajj sufficient or should he perform the Hajj once again? According to the Maliki and Hanafi schools, yes, repetition is not compulsory. According to the Hanbali school, yes, but a duty left unattended, such as an unpaid debt, must be discharged.
According to the Imamiyyah school, it does not suffice the obligation of Hajj if he attains istita'ah afterwards, because the provisional is inseparable from the provision both in its presence and its absence. The Hajj performed before the attainment of istita'ah isconsidered supererogatory (nafl). Later, with its realization, repetition of the Hajj becomes obligatory.
Immediacy (al‑Fawr)
The Imamiyyah, the Maliki, and the Hanbali schools consider the obligation (wujub) of the Hajj duty to be immediately applicable (fawri); i.e. it is not permissible to delay it from the moment of its possibility. It is sinful to delay, though the Hajj performed with delay is correct and fulfils the obligation. The author of al‑Jawahir says:
Theimmediacy of theobligation of Hajjmeansthatit is necessarytotakeinitiativetoperformtheHajjinthefirstyear of attainingistita'ah, and failingthatatone'snextearliestopportunity....Thereafter,there is nodoubtaboutthesinfulness of thedelayifoneweretoforgothefirstopportunityinthecase of absence of another.
According to the Shafii school, the obligation of Hajj is not immediate (upon attainment of istita'ah); rather one may delay it and perform it when he wishes. [11] According to Abu Yusuf, the Hajj is an immediate obligation. Muhammad ibn al‑Hasan considers delay (tarakhi)permissible. Abu Hanifah has no explicit text on the matter, though some of his contemporaries state that he implicitly believes in the immediacy of the obligation.
Notes:
[10]. The Qur'an, 3:97.
[11]. Although the times have tended to support this opinion, and even though the traditions in favour of immediacy (al‑fawr) of the duty of Hajj are open to criticism and controversy, but it leads towards negligence, and gradually towards abandonment of this sacred rite. Accordingly, the stress on immediacy is preferable, being more conducive from the viewpoint of the necessity to preserve the vitality of the Islamic faith.
The Proviso of Bulugh
The Hajj is not obligatory for children, regardless of whether a child is of the age of discretion (mumayyiz) or not (ghayr mumayyiz). For a mumayyiz child, the Hajj is voluntary and valid. However, it does not relieve him/her of the obligation to perform the obligatory Hajj (called hijjat al‑'Islam)later as an adult possessing istita'ah; this, in case he/she does not attain adulthood before the wuquf. On this all the five schools of fiqh are in agreement.
It is permissible for the guardian (wali) of a ghayr mumayyiz child to take him along on the Hajj pilgrimage. In that case, he puts on the child the dress of ihram; instructs him to say the talbiyah, if the child can say it well, or otherwise says it himself on the child's behalf; and is cautious lest the child commits some act unlawful (haram) for the pilgrims (hujjaj). The accompanying guardian also tells him to perform every act that the child can perform himself, and what he cannot, the guardian performs it on the child's behalf.
The schools of fiqh differ on two questions relating to the Hajj of a mumayyiz child: firstly, whether his Hajj is valid, irrespective of the permission of the guardian; secondly, whether he is relieved of the obligation of Hajj if he attains adulthood before mawqif.According to the Imamiyyah, Hanbali, and Shafi'i schools, the guardian's permission is a provision for the ihramto be valid. According to Abu Hanifah, the idea of validity is inapplicable to the child's Hajj, even if mumayyiz, and regardless of whether he obtains the permission of the guardian or not; because, according to him, there is nothing to a child's Hajj except its significance as an exercise (Fath al‑Bari, al‑Mughni, al‑Tadhkirah). According to the Imamiyyah, Hanbali and Shafii schools, if the child attains adulthood before mawqif, his obligatory duty of Hajj (hijjat al‑'Islam)is thereby fulfilled. And according to Imamiyyah and Maliki schools, the duty is fulfilled if he renews ihram(as an adult), otherwise not; which means that he should start the Hajj all over again from the beginning. (al‑Tadhkirah)
Insanity
Basically the condition of insanity relieves a person of all duties. Even if he were to perform the Hajj, and presumably in the way expected of a sane person, it would not fulfil his obligatory duty were he to return to sanity. If his insanity is periodic, when regained for a sufficiently long interval it iswajib for him to perform the Hajj with all its conditions and in all its details. However, if the interval of sanity is not sufficient to perform all the acts of the Hajj, he is quit of the obligation.
Istita’ah
All the five schools of fiqh agree that istitaah is a requirement for the Hajj duty to become obligatory as mentioned by the Qu’ranic verse: (“… if he is able to make his way there”). [10]
However, there is disagreement about the meaning of istitaah. In hadith it has been defined as consisting of "al‑zad wa al‑rahilah". Al‑rahilah' implies the expenses of to and fro journey to Mecca, and al‑zad' stands for the expenses required for transport, food, lodging, passport fees, and the like. Moreover, the funds needed to meet such expenses must come out of the surplus after paying one's debts, after arranging for one's family's livelihood, meeting the requirements of one's source of income (such as land for a farmer, tools for a craftsman, capital for a tradesman, and so on), and without compromising the security of his life, property and honour. All schools agree about it except the Malikis, who say that the duty of Hajj is obligatory for anyone who can walk. The Malikis also do not consider the necessity of providing for the living expenses of the family. Rather, they consider it compulsory for one to sell off his essential means of life, such as land, livestock, tools, and even books and unessential clothes. (al‑Fiqh ala al‑madhahib al‑'arbaah).
If a person upon whom the Hajj duty is not obligatory due to absence of istita'ah, takes upon himself the burden and performs the Hajj, in case he attains istita'ah afterwards, is his first Hajj sufficient or should he perform the Hajj once again? According to the Maliki and Hanafi schools, yes, repetition is not compulsory. According to the Hanbali school, yes, but a duty left unattended, such as an unpaid debt, must be discharged.
According to the Imamiyyah school, it does not suffice the obligation of Hajj if he attains istita'ah afterwards, because the provisional is inseparable from the provision both in its presence and its absence. The Hajj performed before the attainment of istita'ah isconsidered supererogatory (nafl). Later, with its realization, repetition of the Hajj becomes obligatory.
Immediacy (al‑Fawr)
The Imamiyyah, the Maliki, and the Hanbali schools consider the obligation (wujub) of the Hajj duty to be immediately applicable (fawri); i.e. it is not permissible to delay it from the moment of its possibility. It is sinful to delay, though the Hajj performed with delay is correct and fulfils the obligation. The author of al‑Jawahir says:
Theimmediacy of theobligation of Hajjmeansthatit is necessarytotakeinitiativetoperformtheHajjinthefirstyear of attainingistita'ah, and failingthatatone'snextearliestopportunity....Thereafter,there is nodoubtaboutthesinfulness of thedelayifoneweretoforgothefirstopportunityinthecase of absence of another.
According to the Shafii school, the obligation of Hajj is not immediate (upon attainment of istita'ah); rather one may delay it and perform it when he wishes. [11] According to Abu Yusuf, the Hajj is an immediate obligation. Muhammad ibn al‑Hasan considers delay (tarakhi)permissible. Abu Hanifah has no explicit text on the matter, though some of his contemporaries state that he implicitly believes in the immediacy of the obligation.
Notes:
[10]. The Qur'an, 3:97.
[11]. Although the times have tended to support this opinion, and even though the traditions in favour of immediacy (al‑fawr) of the duty of Hajj are open to criticism and controversy, but it leads towards negligence, and gradually towards abandonment of this sacred rite. Accordingly, the stress on immediacy is preferable, being more conducive from the viewpoint of the necessity to preserve the vitality of the Islamic faith.