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The Conditions of Hajj

It is stipulated for Hajj to become obligatory to have five conditions:

1. Islam:

It is not obligatory to perform Hajj on the unbeliever and it is not valid from him, because Islam is a condition for the validity of act of worship.

2. Sanity:

It is not obligatory to perform Hajj on the insane, and it is not valid from him in the state of madness, because sanity is a condition for religion burdening, and the insane is not among the people on whom the religion burdening is imposed, and the pen has been lifted from him until he recovers(comes to his sense), as in the hadith of Ali(may Allah be pleased with him) that the Messenger of Allah(peace be upon him) said:

[رفع القلم عن ثلاثة: عن النائم حتى يستيقظ، وعن الصبي حتى يبلغ، وعن المجنون حتى يفيق].

[The pen has been lifted from three: From the sleeper until he wakes up, from the young until he reaches puberty, and from the insane until he comes back to his senses(recovers)]. (Recorded by Abu Dawood, No:4401, and Ibn Majah, No2041).

3. Discernment:

It is not obligatory to perform Hajj on the young because he is not among the people on whom the religion burdening is imposed and the pen has been lifted from him until he reaches puberty, for the past hadith: (The pen has been lifted from three...), but if he performs Hajj, his Hajj is valid, and his guardian would make the intention on behave of him, if he is not a percipient one, and it does not sufficient for him for obligatory Hajj, without any dispute among the scholars; because of the Hadith narrated by Ibn Abbas(may Allah be pleased with him and his father) that a woman lifted a young boy and said: O Messenger of Allah: Is there Hajj for this one?. He said: yes and you would be rewarded]. (Recorded by Muslim, No:1336).

And for the prophet(peace be upon him) saying:

 [وأيما عبد حج ثم عتق، فعليه حجة أخرى].

[Any child who performs Hajj must perform it again after coming of age of puberty; any slave who performs Hajj and is then freed, must perform his Hajj again]. (Musnad Ash-shafi', No:743, and Al-Bayhaqi, 5/179).

4. Freedom:

It is not obligatory to perform Hajj on a slave, because he is owned(by is boss) and has nothing, but if he did Hajj, his Hajj is valid, if it was by the permission of his master. The scholars have unanimously agreed that if the slave performed Hajj when he was in the state of slavery, then he is freed, then he has to do obligatory Hajj, if he finds a way to do so, and the Hajj he did when he was in a state of slavery does not sufficient for him; for the prophet (peace be upon him) saying in the aforementioned Hadith:

[وأيما عبد حج ثم عتق، فعليه حجة أخرى].

[Any child who performs Hajj must perform it again after coming of age of puberty; any slave who performs Hajj and is then freed, must perform his Hajj again]. (Musnad Ash-shafi', No:743, and Al-Bayhaqi, 5/179).

5. Capability:

For Allah's saying: 

{ولله على الناس حج البيت من استطاع إليه سبيلا}.

{And [due] to Allah from the people is a pilgrimage to the House - for whoever is able to find thereto a way…}. (Aal-Imran:97).

And who is incapable financially, like if he does not have enough provision that would be sufficient for him and those under his expense, or he does not have a trip to take to Makkah and return him, or physically, like if he is a old man, or a sick who cannot a ride and endure the hardships of journey, or if the road to Hajj is not safe, such as having a bandit, a plague, or any other thing that the pilgrim fears for himself and his property. Then it is not compulsory on him to do Hajj. Allah has said:

{لَا يُكَلِّفُ اللَّهُ نَفْسًا إِلَّا وُسْعَهَا}.

{Allah does not charge a soul except [with that within] its capacity...}. (Al-Bakorah: 286).

And the capability is among the strength that mentioned by Allah. Among the capability as regards the pilgrimage of woman is the presence of the mahram that will accompany her in the journey of Hajj, because it is not permissible for her to travel for Hajj or for any other means without Mahram, for the saying of the prophet (peace be upon him).

 [لاَ يَحِلُّ لاِمْرَأَةٍ تُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الآخِرِ أَنْ تُسَافِرَ سَفَرًا يَكُونُ ثَلاَثَةَ أَيَّامٍ فَصَاعِدًا إِلاَّ وَمَعَهَا أَبُوهَا أَوِ ابْنُهَا أَوْ زَوْجُهَا أَوْ أَخُوهَا أَوْ ذُو مَحْرَمٍ مِنْهَا].

[It is not lawful for a woman believing in Allah and the Hereafter to undertake journey extending over three days or more, except when she is in the company of her father, or her son, or her husband, or her brother, or any other Mahram]. (Recorded by Abu Dawood, No:1810, and An-nasaai:5/111).

And for his saying(peace be upon him) to the man who said:

[إن امرأتي خرجت حاجة، وإني اكتتبت في غزوة كذا: انطلق فحج معها].

[My wife has gone for Hajj while I am enlisted for such and such a battle, what should I do? The Messenger of Allah (peace be upon him) replied, “Go and join your wife in Hajj]. (Recorded by Al-Bukhaari, No1862, and Muslim, No1341).

If she performed Hajj without a mahram, then her Hajj is valid, and she is a sinner.


To be continued, insha Allah…

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