The Conditions for the Obligation of Hajj
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The first condition: Islam: Its opposite is disbelief, so it is not obligatory for a disbeliever to perform Hajj, nor is he commanded to do so, and it is not permissible for him to enter Makkah -Meaning: the sacred precinct of Makkah -;because of His saying, the Exalted: [At-Tawbah: 28] .
And from that: As for the one who does not pray, we do not command him to perform Hajj, nor do we allow him to enter Makkah -I mean: the sacred precinct of Makkah - because he is an apostate disbeliever,because of His saying, the Exalted: [At-Tawbah: 28] .
And the second: Reaching the age of maturity: Its opposite is being a minor, so it is not obligatory for a minor to perform Hajj; however, if he does perform it, his Hajj is valid, and it becomes obligatory for him to perform the obligatory Hajj when he reaches maturity.
And the third: Sanity: Its opposite is insanity, so it is not obligatory for an insane person to perform Hajj, and his Hajj is not valid; because his intention is not valid.
And the fourth: Freedom: Its opposite is slavery, so it is not obligatory for a slave to perform Hajj; because he is an owned person occupied with serving his master; but if he performs Hajj with his master's permission and he is of age and sane, some of the scholars said: that his Hajj is valid and sufficient.
And among them is one who said: That it is not sufficient.
But they agree that it is valid.
And the fifth: The ability to perform it,Meaning: the ability to reach the Sacred House with money and physical capacity, and its opposite is inability, so if a person is unable with his money, Hajj is not obligatory upon him, such as the poor person who does not have enough money to enable him to perform Hajj, either because he has little wealth, or because he is in debt with a debt that consumes what is in his hand.
And for this reason we say: If a person has a debt, he does not perform Hajj until he pays off the debt, so if the debt is deferred -I mean: installment-based - if he is confident of paying it off whenever the installment is due, and he has in his hand now what enables him to perform Hajj, then Hajj is obligatory upon him, and if he is not confident, then Hajj is not obligatory upon him, and it is not recommended for him to perform it either; because paying off the debt is more important than Hajj,Why do we say: more important than Hajj?
Because Hajj, in the presence of a debt, is not obligatory, so up to now it has not become an obligation upon him, and on this basis, it is not recommended for a person to perform Hajj while he has a debt, even if the creditor gives him permission to perform Hajj; because the creditor's permission does not obligate that anything of his debt be dropped.
And some people have thought that if the creditor gives permission, then the debtor performs Hajj, and the matter is not so; because the creditor's right is not attached to the debtor's body such that we would say: if he gives permission, let him perform Hajj, but rather the right is attached to the debtor's money, so if the creditor gives his debtor permission to perform Hajj, does anything of his debt drop?Answer: No, so there is no benefit in the permission.
And at that time we say: If a person has a debt, if it is due, let him pay it off before he performs Hajj, and if it is deferred -Meaning: installment-based - and the man is confident in himself that if the installment is due he will pay it off, and he has in his hand now what enables him to perform Hajj, let him perform Hajj, and if he is not confident in himself, then no, rather he makes what is in his hand now a savings for paying off the debt when the installment is due.
And from the ability: That a woman has a mahram, so if she does not have a mahram, then Hajj is not obligatory upon her, rather it is forbidden for her to perform Hajj without a mahram;Due to the saying of the Prophet (peace and blessings be upon him and his companions): (No woman should travel except with a mahram) He said that, peace and blessings be upon him, while he was addressing the people, announcing it, so that it would not be hidden from anyone, so it is not permissible for a woman to travel without a mahram, whether she is old or young, and whether there are women with her or not, and the negligence of some people today is an error; because they send their wives or their maids to perform Hajj without a mahram, so this is not lawful -Meaning: it is not lawful for a woman, even if she is a maid - to perform Hajj without a mahram, even if she is with women;Due to the generality of the saying of the Prophet (peace and blessings be upon him): (No woman should travel except with a mahram) .
So when Hajj becomes obligatory, it is obligatory for the person to hasten to perform it, and it is not permissible for him to delay; because all the commands of Allah the Exalted are immediate, unless there is evidence for the permissibility of delay;because of the saying of Allah the Exalted: [Al-Imran: 133] .
And his statement: [Al-Baqarah: 148] .
And because a person does not know what may befall him, he may die before he performs Hajj, and Hajj remains a debt in his liability.
And on this basis, it is obligatory for the one upon whom Hajj has become obligatory due to the completion of its conditions to hasten to perform it, so if he does not do so, he is a sinner, and if he dies before performing Hajj with the delay, some of the scholars say: that Hajj is performed on his behalf and it is sufficient for him.
And among them are those who say: That Hajj is not performed on his behalf; because it is not sufficient for him; because he delayed Hajj while he was able to perform it, so the Hajj of another person on his behalf does not benefit him.
O you who have believed, indeed the polytheists are unclean, so let them not approach al-Masjid al-Haram after this, their [final] year
يَا أَيُّهَا الَّذِينَ آمَنُوا إِنَّمَا الْمُشْرِكُونَ نَجَسٌ فَلا يَقْرَبُوا الْمَسْجِدَ الْحَرَامَ بَعْدَ عَامِهِمْ هَذَاAnd from that: As for the one who does not pray, we do not command him to perform Hajj, nor do we allow him to enter Makkah -I mean: the sacred precinct of Makkah - because he is an apostate disbeliever,because of His saying, the Exalted:
indeed the polytheists are unclean, so let them not approach al-Masjid al-Haram after this, their [final] year
إِنَّمَا الْمُشْرِكُونَ نَجَسٌ فَلا يَقْرَبُوا الْمَسْجِدَ الْحَرَامَ بَعْدَ عَامِهِمْ هَذَاAnd the second: Reaching the age of maturity: Its opposite is being a minor, so it is not obligatory for a minor to perform Hajj; however, if he does perform it, his Hajj is valid, and it becomes obligatory for him to perform the obligatory Hajj when he reaches maturity.
And the third: Sanity: Its opposite is insanity, so it is not obligatory for an insane person to perform Hajj, and his Hajj is not valid; because his intention is not valid.
And the fourth: Freedom: Its opposite is slavery, so it is not obligatory for a slave to perform Hajj; because he is an owned person occupied with serving his master; but if he performs Hajj with his master's permission and he is of age and sane, some of the scholars said: that his Hajj is valid and sufficient.
And among them is one who said: That it is not sufficient.
But they agree that it is valid.
And the fifth: The ability to perform it,Meaning: the ability to reach the Sacred House with money and physical capacity, and its opposite is inability, so if a person is unable with his money, Hajj is not obligatory upon him, such as the poor person who does not have enough money to enable him to perform Hajj, either because he has little wealth, or because he is in debt with a debt that consumes what is in his hand.
And for this reason we say: If a person has a debt, he does not perform Hajj until he pays off the debt, so if the debt is deferred -I mean: installment-based - if he is confident of paying it off whenever the installment is due, and he has in his hand now what enables him to perform Hajj, then Hajj is obligatory upon him, and if he is not confident, then Hajj is not obligatory upon him, and it is not recommended for him to perform it either; because paying off the debt is more important than Hajj,Why do we say: more important than Hajj?
Because Hajj, in the presence of a debt, is not obligatory, so up to now it has not become an obligation upon him, and on this basis, it is not recommended for a person to perform Hajj while he has a debt, even if the creditor gives him permission to perform Hajj; because the creditor's permission does not obligate that anything of his debt be dropped.
And some people have thought that if the creditor gives permission, then the debtor performs Hajj, and the matter is not so; because the creditor's right is not attached to the debtor's body such that we would say: if he gives permission, let him perform Hajj, but rather the right is attached to the debtor's money, so if the creditor gives his debtor permission to perform Hajj, does anything of his debt drop?Answer: No, so there is no benefit in the permission.
And at that time we say: If a person has a debt, if it is due, let him pay it off before he performs Hajj, and if it is deferred -Meaning: installment-based - and the man is confident in himself that if the installment is due he will pay it off, and he has in his hand now what enables him to perform Hajj, let him perform Hajj, and if he is not confident in himself, then no, rather he makes what is in his hand now a savings for paying off the debt when the installment is due.
And from the ability: That a woman has a mahram, so if she does not have a mahram, then Hajj is not obligatory upon her, rather it is forbidden for her to perform Hajj without a mahram;Due to the saying of the Prophet (peace and blessings be upon him and his companions): (No woman should travel except with a mahram) He said that, peace and blessings be upon him, while he was addressing the people, announcing it, so that it would not be hidden from anyone, so it is not permissible for a woman to travel without a mahram, whether she is old or young, and whether there are women with her or not, and the negligence of some people today is an error; because they send their wives or their maids to perform Hajj without a mahram, so this is not lawful -Meaning: it is not lawful for a woman, even if she is a maid - to perform Hajj without a mahram, even if she is with women;Due to the generality of the saying of the Prophet (peace and blessings be upon him): (No woman should travel except with a mahram) .
So when Hajj becomes obligatory, it is obligatory for the person to hasten to perform it, and it is not permissible for him to delay; because all the commands of Allah the Exalted are immediate, unless there is evidence for the permissibility of delay;because of the saying of Allah the Exalted:
And hasten to forgiveness
وَسَارِعُوا إِلَى مَغْفِرَةٍAnd his statement:
So race to do good deeds
فَاسْتَبِقُوا الْخَيْرَاتِAnd because a person does not know what may befall him, he may die before he performs Hajj, and Hajj remains a debt in his liability.
And on this basis, it is obligatory for the one upon whom Hajj has become obligatory due to the completion of its conditions to hasten to perform it, so if he does not do so, he is a sinner, and if he dies before performing Hajj with the delay, some of the scholars say: that Hajj is performed on his behalf and it is sufficient for him.
And among them are those who say: That Hajj is not performed on his behalf; because it is not sufficient for him; because he delayed Hajj while he was able to perform it, so the Hajj of another person on his behalf does not benefit him.