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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Conditions of Hajj.

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The Shaykh : As for the conditions of Hajj, listen to them. Its conditions are five, summarized in this verse:
"Hajj and 'Umrah are obligatory *** Once in a lifetime, without delay
On the condition of Islam, likewise freedom *** Sanity, maturity, and clear ability"
.
Shall I repeat the verse?
"On the condition of Islam, likewise freedom *** Sanity, maturity, and clear ability".
On the condition of Islam: the opposite of Islam is disbelief. So the disbeliever is not obligated to perform Hajj, because if he performed it, it would not be accepted from him. Allah the Exalted said:
And what prevents their expenditures from being accepted from them but that they have disbelieved in Allah and in His Messenger وَمَا مَنَعَهُمْ أَنْ تُقْبَلَ مِنْهُمْ نَفَقَاتُهُمْ إِلاَّ أَنَّهُمْ كَفَرُوا بِاللَّهِ وَبِرَسُولِهِ
[At-Tawbah 9:54]
. It is known that a disbeliever with an ID card cannot enter Makkah. There is police who prevent him. But the Muslim with an ID card, the disbeliever in reality, the disbeliever in truth, enters Makkah. For example: a man who does not pray, a person who does not pray and performs Hajj, is his Hajj valid? No,
it is not valid, because the one who does not pray is a disbeliever with major shirk that takes him out of the religion. So if he performed Hajj, he would not be a Muslim and it would not be accepted from him. For this reason, we say to those who are afflicted with this affliction—namely, not praying—first, become Muslim, pray first, then perform Hajj. As for going to Makkah while you are not praying, it is forbidden for you to enter the Haram, because the boundaries of the Haram are not lawful for a disbeliever to enter. And I do not mean by the Haram the mosque, no. The Haram is what is within the boundary miles,
Very well.
The second: freedom, the opposite of which is slavery. So the slave is not obligated to perform Hajj, because first, he has no wealth. And second: he is occupied with serving his master.
Sanity: the opposite of sanity is insanity. So if we suppose that a person was insane—may Allah grant us safety—but he is wealthy, is he obligated to perform Hajj?
The answer: No. Is Hajj performed on his behalf? The answer: No, because one of the conditions of obligation is sanity. Likewise, if we suppose that an old person has no wealth, then old age strikes him and he becomes incoherent, having no sanity. Then a relative dies and he inherits from him, so he has wealth. Is he obligated to perform Hajj? He is not obligated, why? Because he is not sane, because he is not sane, he is not obligated to perform Hajj.
The fourth: maturity, the opposite of which is childhood. So the child is not obligated to perform Hajj. But if he performs it, his Hajj is valid, except that it is obligatory for him when he reaches maturity to perform the Hajj of Islam, because if he performed Hajj before reaching maturity, he performed it before its time, so it became like the one who prays before the time; it does not suffice for the obligatory prayer. If a person prays before the adhan of Zuhr, meaning: before the sun passes its zenith, we say: it does not suffice for you for the obligatory prayer, you must pray after the time has entered.
The fifth condition: ability, the ability for Hajj, ability by body and ability by wealth. So whoever is able by his body and able by his wealth, it is obligatory for him to perform Hajj himself, and it is not permissible for him to delay Hajj. He should not say: this year we are afflicted, and the second year I will perform Hajj. It is forbidden for him because he does not know what may befall him. Perhaps the second year he will be unable, or lose his wealth, or die. So it is not permissible for him to delay, this is if he is able by what? By his wealth and his body. If he is able by his wealth but unable by his body with an inability that is not expected to end, like a wealthy person but old in age who cannot, or is paralyzed, or something similar. So here we say: appoint someone to perform Hajj on your behalf, appoint someone to perform Hajj on your behalf. The evidence: that a woman came to the Prophet (peace and blessings be upon him) and said:
“Messenger of God, God’s ordinance that His servants should perform the pilgrimage has come when my father is a very old man and is unable to sit firmly on a camel. May I perform the pilgrimage on his behalf?” He replied that she might. يا رسول الله! إن أبي أدركته فريضة الله على عباده في الحج شيخاً لا يثبت على الراحلة أفأحج عنه؟ قال : نعم
Mishkat al-Masabih 2511
. She said: It is the obligation of Allah, so he approved her saying. This indicates that the one unable by body does not have the obligation dropped from him as long as he has wealth. Now, if he is unable by wealth but able by body, he is obligated to perform Hajj himself, like being from the people of Makkah, having no wealth, but being able to go to 'Arafah, Muzdalifah, and Mina with ease. We say: it is obligatory for you to perform Hajj, because you are able by what? Answer, everyone. By your body. Now, if he is unable by wealth and body, he owes nothing. Praise be to Allah.
From that—meaning: from the ability for Hajj—is that a woman must have a mahram, that a woman must have a mahram. So whoever has no mahram, Hajj is not obligatory on her, even if she reaches forty years or fifty years or more, so let her be at ease and not grieve, because Hajj is not obligatory on her due to the absence of a mahram. So if she meets her Lord, she meets her Lord not disobedient in leaving Hajj. Rather, she is obeying the command of the Prophet (peace and blessings be upon him) where he said:
A woman should not travel except with a mahram لا تسافر امرأة إلا مع ذي محرم
Musannaf Ibn Abi Shaybah 9:2565
. Some women used to be pained and grieve if they did not find a mahram. So we say: Praise be to Allah, do not be pained and do not grieve, because Hajj is not obligatory on her. And here I ask you: does the poor man who has no zakah on him regret and grieve because he did not pay zakah? The answer: No, he does not regret and does not grieve, because zakah was not obligatory on him. And if he wishes he had wealth to give in charity. So we say: Praise be to Allah, O Muslim woman, if you leave Hajj due to the absence of a mahram, you have obeyed Allah and His Messenger, where the Prophet (peace and blessings be upon him) said:
A woman should not travel except with a mahram لا تسافر امرأة إلا مع ذي محرم
Musannaf Ibn Abi Shaybah 9:2565
.
Now, if someone says: why do you not make it like the old man, where someone performs Hajj on his behalf?
We say: we do not say this, because Hajj was not obligatory on her until she would be obligated to appoint someone to perform Hajj on her behalf; originally, Hajj was not obligatory on her.
Now, what is your opinion of a woman who has no mahram, so she said to a man who is thirty years old: come, I want to breastfeed you to be a mahram for me. His age is thirty years! Yes? And she would prepare for him five days, every day giving him milk to drink, five times every day. Meaning: he breastfed five times. What do you say, is it valid or not valid? Why? Because the time for breastfeeding has passed. Now, the adult is not nourished by breastfeeding. For this reason, the Prophet (peace and blessings be upon him) said:
as fostership is only valid if it takes place in the suckling period (before two years of age). فإنما الرضاعة من المجاعة
Sahih al-Bukhari 2647
. He said:
Be sure about your foster brothers, as fostership is only valid if it takes place in the suckling period (before two years of age). انظرن من إخوانكن فإنما الرضاعة من المجاعة
Sahih al-Bukhari 2647
The meaning: the effective breastfeeding is that which satisfies hunger and the child needs it. As for the adult, breastfeeding does not benefit him even if he breastfed a hundred times.
And from the ability: that a person should not have a debt. If he has a debt, we look: if the debt is due, it is obligatory for him to pay the debt first, then if something remains, he performs Hajj with it, otherwise Hajj is not obligatory on him. And if it is deferred, we look: if this deferred debt, when it becomes due, he finds—meaning: this person—has a balance, let him perform Hajj, whether he returns to the one to whom the debt is owed or not, as long as the debt is deferred and he is confident in himself that when the installment becomes due, he can pay it. So here we say: perform Hajj. And from that, if a person has installments for a real estate bank. He says: the installment becomes due at twelve thousand, and I only have three thousand. We say: Praise be to Allah, Hajj is not obligatory on you, except if you are confident that when the installment becomes due, you will pay it, so rely on Allah, perform Hajj, what? Good. - There is a place here for the brothers - in a place, enter this place. Yes? Yes, if possible, enter between the rows, it does not harm.
I say — may Allah bless you —: The one who has a debt, how do we divide him? Into two categories: First, the debt is due immediately. We say: Pay the debt, then perform Hajj. Second, the debt is deferred. We say: If you know from yourself that when the due date arrives, you will have the ability to pay, then perform Hajj, whether you have asked the creditor's permission or not. However, if you do not have confidence in yourself, do not perform Hajj. If he says: I desire to perform Hajj. Hajj is obligatory. We say: It is not obligatory for you, and if you are sincere, be eager to pay off the debt, because the matter of debt is serious. O people, pay attention, O young men and O elders, the matter of debt is serious, contrary to those who are lax in it. Did you not know that the Prophet (peace and blessings be upon him and his family), about whom Allah said:
to the believers is kind and merciful. بِالْمُؤْمِنِينَ رَءُوفٌ رَحِيمٌ
[At-Tawbah 9:128]
, that when a funeral was brought to him to pray over, he would not pray over it if the deceased had a debt. Listen to the story: A man from the Ansar was brought to the Prophet (peace and blessings be upon him and his family) to be prayed over. When he took a few steps, he asked:
Does he have a debt? They said: Yes, he has two dinars. So he delayed and said: Pray over your companion هل عليه دين؟ قالوا: نعم عليه ديناران. فتأخر وقال : صلوا على صاحبكم
Allahu Akbar! What a calamity for the family of the deceased! The Prophet (peace and blessings be upon him and his family) withdrew from praying over him! It is very, very difficult. So Abu Qatadah (may Allah be pleased with him) stood up and said:
O Messenger of Allah! The two dinars are upon me. The Prophet (peace and blessings be upon him and his family) said: Is the right of the creditor established and the deceased is free from them? He said: Yes, O Messenger of Allah! So he stepped forward and prayed يا رسول الله! الديناران عليَّ. قال النبي صلى الله عليه وعلى آله وسلم : حق الغريم وبرئ منهما الميت؟ قال: نعم يا رسول الله! فتقدم وصلى
. What does this indicate? It indicates that the matter of debt is great, even martyrdom, which is killing in the cause of Allah, expiates everything except debt; it does not expiate it. This is authentic from the Prophet (peace and blessings be upon him and his family). Do not be lax with debt. Now you find some people being lax; you find one, for example, buying a house when he has nothing, paying in installments. Why, my brother? Rent until Allah makes you rich. You find one buying a car that he could get for twenty thousand, but he buys a car for eighty thousand. Why? Why? You find his house is straight, standing, and sufficient for him, but he says: I want to put in decor, and I want to put in an expensive carpet. This is wrong. Debt is not easy. Do not be lax with debt. So this is a legal status that it is great, besides what is said: "Debt is sleeplessness at night and worry by day." Now, this debtor whom we said, if his debt is deferred and he is not confident that he will pay when the installment is due, if he does not perform Hajj and meets Allah — dies — will Allah punish him? Answer, O people. He will not be punished, because Hajj was not obligatory upon him. And Allah the Exalted said:
for whoever is able to find thereto a way مَنْ اسْتَطَاعَ إِلَيْهِ سَبِيلاً
[Ali 'Imran 3:97]
. Now, a student of knowledge has a library he needs. If he sold it or part of it, he could afford Hajj, but he needs it. Do we say: Sell from your library what you need for Hajj? The answer is: No, we do not say sell, as long as you need these books, even if they are expensive and you have no money, it is not obligatory for you to sell from them and perform Hajj, because this is what a person needs. Likewise, for example, in the house there are utensils he needs sometimes, once a month, once a year. Do we say: Sell them and perform Hajj, or do we say: No Hajj is upon you? The answer is: The second, no Hajj is upon him, because these are among his necessities. And debt, praise be to Allah, is made easy; there is no hardship or difficulty in it.
And with this, this speech ends. And if Allah wills, in the next lesson, we will mention, with the help of Allah, the prohibitions of ihram and how to perform Hajj. We ask Allah to grant us and you beneficial knowledge and righteous deeds. And we complete this meeting by answering the questions. And I hope that everyone pays attention and follows the answers to the questions. Let no one of you say: I did not submit a question, and he passes his time in confusion and his time is wasted. No, pay attention, perhaps in the questions there will be things more important than what you have heard. Yes. Please.
The student: May Allah reward the honorable Shaykh with the best reward and benefit us all with what we have heard.

The Shaykh : Amen.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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