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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Conditions for the Obligation of Hajj and the Conditions for the Proxy

Machine translationRead the Arabic original
The questioner:
Of course, Shaykh, the scholars have gathered the conditions required for the obligation of Hajj upon a Muslim. If you would be so kind as to mention those conditions,

The Shaykh:
Yes, Hajj has five conditions. First, the Muslim must be of age. As for a child, his Hajj is valid, but it counts as a voluntary act for him. When he reaches maturity, the Hajj of Islam becomes obligatory upon him. Second, he must be of sound mind. Because if he reaches maturity but does not have sound mind, Hajj is not obligatory upon him, just as the other obligatory acts are not obligatory upon him due to the loss of his intellect.
Third, he must be a Muslim. Hajj is not valid except from a Muslim, just like other acts of worship. That is why we pointed out at the beginning of our speech. Yes. That a person must first correct his creed by being free from shirk (associating partners with Allah) and worshipping other than Allah in any form of worship. So he must be a Muslim. If he performs Hajj while he is not upon Islam, even if he claims to be a Muslim but he is committing one of the nullifiers of Islam, then his Hajj is not valid.
Fourth, he must be able to afford it. That is, he must have the provisions that will sustain him, and the mount that he rides at all times according to his status. He must have what will transport him to the House of Allah, whether from a short journey or a long journey. He must have the appropriate means of transport. The fifth condition is freedom. He must be free, not a slave, not owned. Because Hajj is not obligatory upon a slave. But if he performs Hajj, it counts as a voluntary act for him. If he is then freed, he must perform the obligatory Hajj. A woman has an additional sixth condition, which is the presence of a mahram (a relative one may not marry). That is, one of her relatives with whom marriage is forbidden by lineage or by one of the causes must accompany her. He must be of age. He must be of age to accompany her, protect her, and look after her, because she is weak. She may be afflicted with illness, or she may be hindered by one of the obstacles. So a mahram is necessary to protect her. Also, the mahram protects her from the devils among the sons of Adam who seek to cause corruption. If a woman is left without one who protects her and guards her, they may take advantage of her. Therefore, Allah prescribed the mahram for Hajj and for other matters.
His saying (peace and blessings be upon him)
It is not permissible for a woman who believes in Allah and the Last Day to travelلا يحل لامرأة تؤمن بالله واليوم الآخر أن تسافر
Sahih al-Bukhari 1088
except with a mahram.
And when a man came to him wanting to enlist in the expedition, and said, "My wife has gone out on a need," he said to him (peace and blessings be upon him)
Return.ارجع.
So perform Hajj with your wife. This is evidence for the condition of the mahram for a woman. If she finds a mahram, she performs Hajj with him. If she does not find a mahram, she delays until a mahram is available. If the presence of a mahram becomes impossible, she appoints a proxy to perform Hajj on her behalf.

The questioner:
He must not be able to afford the money.

The Shaykh:
These are the conditions of Hajj in summary, including the financial ability. Yes.

The questioner:
I say, as long as she is able to afford the money.

The Shaykh:
We mentioned that it is required that he be able to perform Hajj.

The questioner:
Now, why do we say to the one who is trying now, in the name of making things easy and facilitating, that if a woman finds a group of women, she performs Hajj with them and that is sufficient?

The Shaykh:
Is the woman of the man who came wanting to go on the expedition with the Messenger of Allah (peace and blessings be upon him) and informed him that his wife had gone out on a need, is she not with a group? Is she not with the pilgrims from the Companions of the Messenger of Allah (peace and blessings be upon him), who are the best of the generations and the purest of the generations? And yet he ordered him to return and perform Hajj with his wife, and did not suffice with the fact that she had gone out with the pilgrims.
Also, the generality of his saying (peace and blessings be upon him)
It is not permissible for a woman who believes in Allah and the Last Day to travelلا يحل لامرأة تؤمن بالله واليوم الآخر أن تسافر
Sahih al-Bukhari 1088
except with a mahram. This is general, whether she is alone or with a group of women. Yes.

The questioner:
Of course, there is a caller who calls about the proxy for the one who is unable, like the one who is financially able but not physically able. What is required of him?

The Shaykh:
Ability is by money and by body. If both are present for the Muslim, he must perform Hajj himself. If he is financially able and physically able, he must perform the Hajj of Islam himself. But if he is physically able and not financially able, there is no Hajj upon him. But if he is financially able and not physically able, he appoints a proxy. If his inability is continuous and it is not expected that he will be able, such as being sick with a chronic illness or an old man who is decrepit, he appoints someone to perform Hajj on his behalf. But if the obstacle is expected to be removed, he waits until the obstacle is removed, and then he performs Hajj himself.

The questioner:
Now, regarding the proxy, what is required of him?

The Shaykh:
The proxy is exactly like the one who appoints him. He performs for the one on whose behalf he is acting exactly what he would perform for himself.

The questioner:
And that he has.

The Shaykh:
But he intends that the Hajj is for another when entering the state of ihram. Yes.

The questioner:
But the proxy may have performed Hajj for himself first.

The Shaykh:
Yes, it is required of the proxy that he has performed Hajj for himself first. If he has not performed the Hajj of Islam for himself, it is not valid for him to be a proxy for another. Because when he (peace and blessings be upon him) heard a person calling out the talbiyah on behalf of another, he said
Did you perform Hajj for yourself?حججت عن نفسك؟
He said
No,لا،
He said
perform hajj on your own behalf, then perform it on behalf of Shubrumah.حج عن نفسك ثم حج عن فلان،
Sunan Abi Dawud 1811Sahih (Al-Albani)
Yes.

The questioner:
May Allah reward you with good,
Source أهمية الحج — alfawzan.live (9:06)

The Arabic text is a machine transcription of the audio recording.

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