The ability to perform Hajj, which is one of its essential
conditions, includes the following:
-1- A person must be healthy and physically fit. If one is
disabled by old age or a disease that is incurable or is
unable to perform Hajj for some other similar reason, he may,
if he is financially capable, assign someone else to perform
Hajj on his behalf and at his expense. This will be discussed
later under "Hajj On Behalf of Another Person."
-2- The journey to Hajj must be safe so that the pilgrim's
life and possessions are safe and secure from any danger. If
one is afraid for one's life from highwaymen or an epidemic or
if one is afraid to be robbed of one' s possessions, then such
a one is deemed as one of those who cannot afford the journey
for Hajj .
There is, however, a difference of opinion among scholars
regarding the entry fees and other charges levied on pilgrims.
Can a person be excused and reckoned as unable financially to
perform Hajj because of these charges? AshShafi'i and others
are of the view that the presence of these levies does qualify
a person to be classified as unable to perform Hajj, even
though the levy involved may be paltry. The Maliki scholars
disagree for they do not regard this as a sufficient reason
for a person to be deemed as unable to perform Hajj, unless
the amount involved is too exorbitant or is demanded
repeatedly.
-3- One must possess the necessary provision and also the
requisite means of journey. Necessary provision here means
that the intending pilgrim must have sufficient supplies for
himself as well as for his family that he leaves behind. These
supplies include sufficient and adequate clothing, housing,
means of traveling, and tools for the pursuit of his trade or
profession besides the financial means for the journey. (The
person intending to perform Hajj should not sell his clothes,
his personal belongings, or his house--even if they were
abundant to get money for Hajj) Means of traveling imply that
which enables him to go to Hajj and come back, whether it is
by land, by sea, or by air. This concerns those who live far
from Makkah and cannot walk there.
As for those who live in the vicinity of Makkah, this
condition does not apply, for they are so close that they can
go for Hajj on foot.
Some ahadith explain the Qur'anic words "those who can
afford the journey," (Qur'an 3.97) as meaning provision
of food and means of journey. Anas reports that the Prophet
(peace be upon him) when once asked about the meaning of
"those who can afford" said: "It means
possessing means of sustenance and transportation." (Ad-Daraqutni
considers this hadith sound) Al-Hafiz remarks: "Most
probably its chain of transmitters is not traceable to the
Prophet (peace be upon him). Tirmizhi as well has reported it
on the authority of Ibn 'Umar but its chain of transmitters is
weak. Abdul Haqq remarked: "All its chains of
transmitters are weak." Ibn Al-Munzhir says: "It is
not traceable to the Prophet (peace be upon him) and the
correct position is that it is a sound but incompletely
transmitted hadith whose chain of authorities does not go back
to the Prophet (peace be upon him)."
Ali (may Allah be pleased with him) narrates that the
Prophet (peace be upon him) once said: "He who possesses
sufficient provisions and means of journey for the performance
of Hajj and yet does not do so, let him die the death of a Jew
or a Christian." For Allah says in the Qur' an:
"Pilgrimage thereto is a duty men owe to Allah - those
who can afford the journey." (Transmitted by Tirmizhi,
but among the narrators of this hadith are included "Halal"
ibn Abdullah, who is unknown, and "Al-Harith" whom
Ash-Sha'abi and others have described as a liar)
All these ahadith are weak in authority, yet most scholars
regard provisions and means of journey as a necessary
condition for Hajj. If a person has neither the necessary
provisions nor means of travel, he is not obligated to perform
Hajj.
Ibn Taimiyyah says: "These ahadith are musnad (A
report which is traceable in uninterrupted ascending order of
the narrators to its first authority) and have a sound chain
of authorities, some are mursal (A hadith transmitted by a
successor (atabi'), young or old, without mentioning the
Companion who might have heard it from the Prophet directly.
Ash-Shafi'i considers such a hadith weak, while Abu Hanifah
and Malik consider it sound) and others are mauquf. (A hadith
reported from a Companion through words or acts
uninterruptedly or otherwise) They all prove that the ability
to arrange one's provisions and possession of means of journey
is a necessary prerequisite for Hajj, and this despite the
fact that the Prophet (peace be upon him) knew that many of
the people (in his time) were able to go for Hajj on foot.
Similarly the words of Allah: "Pilgrimage thereto is a
duty men owe to Allah - those who can afford the journey"
underline the fact that ability and power are the necessary
prerequisite for all forms of worship. It signifies the
unspecified power or a little bit more than what may be
necessary. In the case of sawm (fasting) and salah (obligatory
prayers) the financial ability is superfluous and is not
specified in the Qur'an, unlike Hajj for which it is an
important requirement. Similarly, Hajj is a form of worship
which involves traveling for which one must be in possession
of sufficient means to support oneself (and one' s family), as
well as be able to shoulder the cost of the journey as in
jihad.
In this regard we may refer to the Qur'anic verse (9.91-92)
"Nor is there any blame on those who find no resources to
spend, nor is there (blame) on those who come to you to be
provided with mounts, and when you said, 'I can find no mounts
for you,."'
In Al-Muhazhib we read: "If someone has the money to
buy provisions and the passage to Hajj but he needs it to pay
his debts, Hajj is not binding on him, whether the settlement
of the debt is required immediately or is due after a time.
The debts that are due for immediate settlement must be paid
at once, whereas the Hajj may be performed later on in life.
But if he spends all that he has on Hajj he may not be in a
position to pay off his debt."
Similarly, if one is in need of a dwelling or a servant to
help him, he may be classified as unable to perform Hajj.
Likewise, if one needs to take a wife because he fears he may
not be able to avoid evil, he must get married, for it is his
immediate need. Furthermore, if one needs goods for his
business to obtain requisite resources therefrom, such a one,
according to Abul 'Abbas, Ibn Sarih, may be classified as
unable to perform Hajj in view of his specific need. Al-Mughni
says: "If the debt is owed to a wealthy person who does
not demand immediate settlement of the loan, defers settlement
to a later stage, and is ready to permit the debtor to proceed
for Hajj, then such a debtor is (technically) able to perform
Hajj. But in case the lender cannot afford to defer settlement
of the loan, the debtor would be reckoned as unable to perform
Hajj."
According to the Shafi'i school: "If someone offers
another a free passage for Hajj, one is not obliged to accept
the offer, for it is a favor and involves distress of being
obliged to another person. If, however, such an offer is made
by one' s son to perform Hajj, then one is obligated to do so,
for one can perform it without being beholden to anyone
else."
The Hanbali school is of the view that an offer of
financial help by someone else does not obligate a person to
perform Hajj, nor does this classify him as (financially)
capable of performing it, whether the offer comes from a
stranger or a relative and whether the offer provides means of
travel and provision, or linanacial help as such.
-5- There must also be no obstruction which may prevent
people from undertaking the journey for Hajj, like fear of
torture or imprisonment by a tyrannical ruler.
Though Hajj is not compulsory for these two groups it is
quite valid if they perform one, but it will not suffice them
as regards the Hajj prescribed in Islam.
Ibn 'Abbas reports: "The Prophet (peace be upon him)
said: 'Any minor (child) who performs Hajj must perform it
again after coming of age; any slave who performs Hajj and is
then freed, must perform his Hajj again'." (Reported by
At-Tabarani on sound authority) As-Sa'ib bin Yazid says:
"My father performed Hajj with the Prophet (peace be upon
him) who was performing his Farewell Hajj, while I was only
seven years old." This was reported by Ahmad, Bukhari and
Tirmizhi, who noted: "All scholars agree that if a minor
performs Hajj, he must repeat his Hajj upon coming of age.
Likewise a slave who performs Hajj, and thereafter gains his
freedom, must also repeat his Hajj if he is in a position to
do so."
It is also reported from Ibn 'Abbas that during a Hajj a
woman lifted a boy, and asked the Prophet, "Will this boy
be rewarded for Hajj?" The Prophet (peace be upon him)
answered: "Yes, and you too will be rewarded." (The
boy will be rewarded for his obedience, while the mother will
be rewarded for helping and instructing him to perform Hajj.
This hadith is also reported from 'Umar)
Jabir reports: "We performed Hajj with the Prophet
(peace be upon him) and a number of women and children were
with us. We said talbiyah on behalf of the children, and
(also) threw pebbles on their behalf. This is narrated by
Ahmad and Ibn Majah.
If a minor is able he may himself declare the state of
ihram and perform the rites of Hajj. Otherwise, his guardian
(An-Nawawi said: "The guardian who declares the state of
ihram on behalf of a non-discerning minor, is the guardian of
his properties, i.e., his father, grandfather, or the guardian
appointed by law. Conceming the mother, the scholars differ.
Some are of the opinion that her ihram on his behalf is only
valid if she is appointed by law as his guardian. Others claim
that her ihram is valid even if she is not the guardian) must
declare the state of ihram and say talbiyah on his behalf,
circumambulate round Ka'bah, run between Safa and Marwah, stay
at 'Arafah and throw stones on his behalf. If, on the other
hand, a minor attains the age of puberty on or before the Day
of 'Arafah, his Hajj is then credited to him. The same applies
to a slave who is liberated on or before the Day of 'Aratah.
Malik and Ibn Al-Munzhir say: "To both of these people
their Hajj cannot be credited as (replacement for) the
obligatory Hajj, for they intended a supererogatory worship
while putting on ihram; its supererogatory status cannot be
transformed into an obligatory worship."
It is desirable for a woman to seek her husband's
permission for the prescribed Hajj. Then if he grants her the
permission she may leave for Hajj; in case he refuses to give
permission, she may still proceed for Hajj, for a husband
should not forbid his wife from performing obligatory Hajj. It
is an obligatory act of worship. It is unlawful to obey anyone
in something that involves disobedience to Allah. A woman
should perform obligatory Hajj as soon as possible, just as
she should offer her prescribed daily prayers at their
earliest prescribed times. In either case a husband has no
right to prevent his wife from doing what is her obligatory
duty. The same applies when a wife has vowed a Hajj, because
it is obligatory like the prescribed Hajj. In the case of
supererogatory Hajj, however, the husband may prevent his
wife, and the wife must obey her husband. This is supported by
a hadith reported by AdDaraqutni on the authority of Ibn 'Umar
who narrated that while speaking about a wealthy lady whose
husband had refused to give her permission to perform Hajj,
the Prophet (peace be upon him) said: "She must not go
for Hajj except by her husband's permission."
If a person dies before performing obligatory Hajj or if
one vowed to perform Hajj but died before fulfilling one' s
vow, his heir must assign someone to perform Hajj on behalf of
the deceased. All the ensuing expenses in this regard must be
paid out of the deceased's property, as indeed must be any
debts left by him.
Ibn 'Abbas narrates that a woman from the tribe of Johainah
came to the Prophet (peace be upon him) and said: "My
mother had vowed to perform Hajj but she died before
fulfilling her vow, should I perform Hajj on her behalf? The
Prophet (peace be upon him) said: "Yes, perform Hajj on
her behalf. Would you not pay off any debts your mother might
have left behind upon her death? Pay off what you owe to
Allah, for He is most deserving of settlement of His
debt." (Bukhari)
This hadith underlines the obligation of performing Hajj on
behalf of a deceased person, whether or not he leaves a will
to this effect (it is a kind of debt for the deceased), and
all debts left by the deceased must be settled, just as all
other financial obligations such as zakah, an atonement or a
vow transacted by the deceased has to be fulfilled.
Ibn 'Abbas, Zaid bin Thabit, Abu Hurairah, and Ash-Shafi'i
hold this opinion. They consider that the expenses of the
substitute (the hired person) must be paid out of the wealth
of the deceased before dividing it up among his heirs.
In case the wealth is insufficient to cover both the cost
of Hajj (by the substitute) and settlement of the deceased's
debts, the expense of Hajj must be paid first, as the Prophet
(peace be upon him) said: "Allah is most deserving that
His debt be paid back."
Imam Malik says: "A person may perform Hajj on behalf
of the deceased only if the deceased leaves a will to that
effect. If the deceased leaves no such will, then a Hajj on
his behalf may not be performed, for this worship involves,
more than anything else, physical exertion and struggle and as
such, no other person can replace or substitute another
person. If a deceased makes a will regarding it, then Hajj may
be performed, meeting all its cost from out of one third of
the share of his heritage."
If someone has the ability to perform Hajj but afterwards
he is unable to perform it due to sickness or old age, he must
arrange for someone else to perform Hajj on his behalf, for he
may never be able to do it himself. In this respect, such a
person is very much like the deceased, hence the permission
for him to choose his substitute in Hajj.
This is based on a hadith reported by Al-Fadl ibn 'Abbas,
who says: "A woman of Khath'am said, 'O Prophet of Allah!
Allah has prescribed Hajj for His servants. (Now that) I am
grown up, I find that my father is an old man, and he cannot
ride on the camel (for long). Should I perform Hajj on his
behalf?' The Prophet (peace be upon him) said: 'Yes.'"
This happened during the Farewell Hajj. (Reported by the
Group) Tirmizhi considers it a sound hadith with a sound chain
and adds: "On this topic, reports other than this hadith
are also found; they are of sound authority, and the
companions of the Prophet (peace be upon him) believed and
practiced accordingly; they held that one may perform Hajj on
behalf of a deceased person." At-Thawri, Ibn al-Mubarak,
Ash-Shafi'i, Ahmad and Ishaq also hold a similar view.
Imam Malik says: "If the deceased leaves a will that
someone perform a Hajj on his behalf, then it may be
performed." Some scholars like Ibn Mubarak and
Ash-Shafi'i say that it is permissible for an old man, who is
unable to perform Hajj on his own, to arrange for a substitute
to do it on his behalf.
The above hadith also lends support to the view that, both
for a man or a woman, it is quite permissible to perform Hajj
on behalf of another man or woman. There is nothing against
this in the Qur'an or hadith.
If a sick person recovers after someone has performed Hajj
on his behalf, he will be considered as having performed his
obligatory duty, and he will not be required to repeat it, for
it would imply the obligation of performing two obligatory
pilgrimages (rather than one). This is Imam Ahmad's view.
The majority of scholars are, however, of the view that
such a substitutory Hajj will not suffice a man to absolve him
of his obligation, for his recovery shows that his case was
not really hopeless (and he should therefore repeat it), for
the decisive factor in this respect is cessation of illness
and restoration of his health.
Ibn Hazim is inclined to the first view. He says:
"When the Prophet (peace be upon him) commanded to
perform Hajj on behalf of those who are unable to walk or ride
(i.e., cannot travel for Hajj), and told that this will pay
off their debt to Allah, then indeed the debt is settled, and
their effort accepted." And surely if an obligation is
removed or fulfilled, there is no justification for its
repetition, especially when there is nothing in the texts to
support it. Had such a repetition been necessary, the Prophet
(peace be upon him) must have clearly mentioned it, but as he
did not, there is no reason for its repetition.
Before performing Hajj on behalf of someone else, a person
must have performed his own Hajj . This is based on the hadith
in which Ibn 'Abbas narrates that the Prophet (peace be upon
him) heard a man saying: "O Allah! Here I am in response
to Your call on behalf of Shabrumah." The Prophet (peace
be upon him) asked him: "Have you performed your own
Hajj?" He replied: " No", whereupon the Prophet
(peace be upon him) told him: "You must perform Hajj on
your own behalf first, and then tor Shabrumah." (Abu
Daw'ud and Ibn Majah) Al-Baihaqi says: "Its chain of
authorities is sound, and in this regard it is the most
genuine report."
Most of the scholars hold that it is not proper for a
person to perform Hajj on behalf of others prior to performing
it on his own behalf, whether or not he is able or unable to
do so.
According to the verdict of Ibn 'Abbas and 'Ikrimah if a
person performs Hajj in fulfillment of a vow, while he has yet
to perform the prescribed Hajj, then it should suffice him
(and absolve him) trom both. 'Ata and Ibn 'Umar, on the other
hand, hold that one must first perform the Hajj obligatory on
him, and thereafter perform another Hajj to fulfil his vow.
Ibn 'Abbas reports: "The Prophet (peace be upon him)
said: 'There is no Sarorah (delaying performance of obligatory
Hajj) in Islam.''' (Ahmad and Abu Daw'ud)
Al-Khattabi remarks: "The word sarorah has two
meanings:
-1- a person who does not marry and leads a life of
celibacy, like monastic Christians; or
-2- someone who has not performed Hajj. In other words this
means that no one able to perform Hajj should fail to do so,
because in Islam there is no delaying of obligatory Hajj.
Some scholars refer to it as a proof that a person who has
not performed Hajj is not allowed to perform Hajj on behalf of
others. Al-Awza'i, Ash-Shafi'i. Ahmad and Ishaq hold this
view. Malik and Ath-Thawri say: "Such a person's Hajj
depends on his own intention." Al-Hasan Al-Basri, 'Ata
and An-Nakh'i also hold a similar view.
Abdullah ibn Abi 'Awfa relates: "I asked the Prophet
(peace be upon him) about a man who has not performed Hajj,
'Should he not get a loan to perform Hajj?' The Prophet (peace
be upon him) replied: 'No"' (Al-Baihaqi).
Someone performing Hajj with unlawfully gained money, may
technically fulfil his prescribed duty of pilgrimage, but
according to the majority of the scholars, he will be guilty
of sin for doing so. Imam Ahmad disagrees and holds that such
a Hajj is not enough for a person to absolve him of his
prescribed obligation, and this is more correct as the sahih
hadith says: "Surely, Allah is Pure, and He does not
accept anything but what is pure (and clean)." Also it is
reported by Abu Hurairah that the Prophet (peace be upon him)
said: "As soon as a pilgrim sets out for Hajj with a
provision which is lawful, and puts his foot in the stirrup
(rides his mount) and calls out: 'O, Allah! Here I am in
response to Your call,' an announcer answers him from the
heavens above, saying: 'Your call has been heard; you are a
happy one; your provisions are lawful, your mount is lawful
and your pilgrimage is free of sin and acceptable.' But, if
his provisions are unlawfully gained, and he puts his foot in
the stirrup and calls out: 'O Allah! Here I am in response to
Your call,' an announcer from the heavens above answers him
back, saying: 'Your call is not accepted; nor are you welcome;
your food is unlawful; your provisions are unlawful; and your
pilgrimage is not free of sin and is unacceptable."'
Al-Munzhri says: "This is reported by At-Tabarani in
Al-Awsat, and also by Al-Asbahani in a mursal hadith from
Aslam, the freed slave of 'Umar bin al-Khattab."
Al-Hafiz writes in Al-Fath: "Ibn al-Munzhir says there
is a difference of opinion as to what is better for a pilgrim,
walking or riding during the Hajj.
The majority of scholars hold riding is better, for the
Prophet (peace be upon him) did so, and because it is more
helpful (in concentrating) on praying and making supplications
to Allah, apart from other benefits.
Ishaq bin Rahoweh says: "Walking is preferable for it
involves more exertion and hardship (in the cause of
Allah)." We may say that whether a person walks or rides
during Hajj depends on each person and his particular
circumstance .
Bukhari has transmitted from Anas (may Allah be pleased
with him) that the Prophet (peace be upon him) saw a man
leaning on both sides on his two sons, whereupon he asked:
"What is the matter with this man?" The people said:
"He has vowed to walk during Hajj." The Prophet
(peace be upon him) said: "Allah is in no need whatever
of torturing this man." Then he commanded the man to
perform his Hajj riding."
There is no harm if a pilgrim engages in trade and business
during Hajj or 'Umrah.
Ibn 'Abbas said: "In the beginning when Hajj was
prescribed, the people used to trade at Mina, 'Arafah, and the
market place of Zhul-Majaz (A place close to 'Arafah) during
the Hajj season, but they feared it might be forbidden for
them while in a state of ihram. Thereupon Allah revealed the
verse (Qur'an 2.198): "It is no crime in you if you seek
of the bounty of your Lord (during pilgrimage)." This is
reported by Bukhari, Muslim and Nasa'i.
Commenting on the above verse, Ibn 'Abbas adds: "The
people used to shun business while in Mina, so they were
instructed to engage in business or trade while pouring down
from 'Arafah.''ls Abu Omamah At-Taimi narrates that he said to
Ibn 'Umar: "I rent mounts to people during Hajj season,
and the people tell me that my Hajj is void." Ibn 'Umar
asked him: "Do you not don Hajj garb, say talbiyah, go
around the House of Allah, pour down from 'Arafah, and stone
the Satan?" The man said, "Yes, I do." Ibn
'Umar said: "Then your Hajj is quite valid (and you will
be rewarded for it). A person came to the Prophet (peace be
upon him) and asked him something similar to what you asked
me, whereupon the Prophet (peace be upon him) remained silent
until this verse (Qur'an 2.198) was revealed to him: "It
is no crime in you if you seek the bounty of your Lord (during
Hajj season)." Then the Prophet (peace be upon him) sent
for the man and recited the verse to him, saying: "Your
Hajj is valid." This is reported by Abu Daw'ud and Sa'id
ibn Mansur. Al-Hafiz Al-Munzhri said Abu Omamah is not known
(as a narrator).
Ibn 'Abbas says that a man asked him: "I hire myself
to these people to guide them in performing their rites of
Hajj; will I have a reward for Hajj?" Ibn 'Abbas said:
"Yes." (And then he recited) "To these will be
allotted what they have earned; and Allah is quick in
account.'' (Qur'an 2.202) This is transmitted by Al-Baihaqi
and Ad-Daraqutni.
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