The Ruling on Breaking the Ihram of a Child or One Who Has Not Reached Puberty

The Shaykh : And peace and blessings be upon him, and may Allah’s mercy and blessings be upon you.

The questioner : A questioner says: If a child enters the state of ihram for Hajj or 'Umrah and does not complete his Hajj or 'Umrah, and he did not stipulate the condition, or his guardian did not stipulate it for him, is there anything required of his guardian? Similarly, a girl who has not reached puberty entered the state of ihram for 'Umrah, and when she arrived at Jeddah Airport, she was exhausted due to an illness that afflicted her, so she broke her ihram and did not perform 'Umrah that year. What is the ruling?

The Shaykh : The correct view in this issue is that there is no harm if a child or a girl who has not reached puberty cancels it. She is prohibited from marriage [by kinship], so if a child enters the state of ihram for 'Umrah or Hajj, and he says it is easy, or his guardian sees that it is tiring and difficult for him, and he breaks the intention, there is no blame on him. This is because a child is not accountable, based on the saying of the Prophet (peace and blessings be upon him) Just as if he started the midday prayer while a child and then left it, he would not commit a sin, so likewise, if he started Hajj and then left it, or started 'Umrah and then left it, he would not commit a sin. And the statement of Allah the Exalted is only directed to the accountable person, while the non-accountable person is not addressed with obligation. This is the school of Abu Hanifa (may Allah have mercy on him), and it is the inclination of the author of al-Furu', the student of Shaykh al-Islam Ibn Taymiyyah. It provides a concession for people in reality, because sometimes with the crowding, hardship, and heat, the child gets tired and starts to cry, scream, and complain, and he might violate his ihram and tear it. So obliging him to complete the rites, even though he is not accountable and Hajj is not obligatory upon him, and he is not addressed with obligation without definitive or strong probable evidence, would cause some concern in our hearts. And since there is no evidence from the Qur'an or Sunnah in this issue, and no consensus that must be followed, the stronger opinion is that a non-pubertal person is not obligated to complete the rites.