The Conditions for the Obligation of Hajj
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The Fourth Section: Who is obligated to perform Hajj? Is Hajj obligatory for every person? No.
Rather, Allah restricted that by His saying: [Al Imran:97] Therefore, the obligation of Hajj requires conditions: the first is Islam.
And the second: Reaching maturity.
And the third: The Intellect.
And the fourth: Freedom.
And the fifth: Ability, which is: capacity.
Five conditions, so if these five conditions are not met for a person, then Hajj is not obligatory upon him.
As for the condition of Islam: The opposite of Islam is disbelief, and Hajj is not obligatory upon a disbeliever; rather, if a disbeliever performs Hajj, it is not accepted from him; because Islam is a condition for the validity of acts of worship.
The second: Reaching maturity, so one who has not reached maturity is not obligated to perform Hajj. So if, for example, a young man dies before reaching maturity, he is not performed Hajj on his behalf as an obligation; because Hajj was not obligatory upon him. But is it sufficient to perform Hajj before reaching maturity?Meaning: Is his Hajj valid before he reaches maturity?
Yes.
His Hajj is valid before he reaches maturity,From the hadith of Ibn 'Abbas (may Allah be pleased with them both): (A woman brought a child to the Prophet (peace and blessings be upon him and his family) and said: Is there a Hajj for this one?He said: Yes.
And for you is its reward) So the Hajj of a child is valid, but it does not suffice for him. When he reaches maturity, it is obligatory upon him to repeat the Hajj; rather, it is obligatory upon him to perform the obligatory duty.
If someone were to say: Do you advise people in these times to put their children into the state of ihram for Hajj or 'Umrah, or do you advise against that?So the answer is: We advise against that, and that they should not burden their children with Hajj; because of the severe crowding that nearly kills the adult and the elderly, and because it occupies their family. So if a person goes, for example, to perform tawaf during the season in this crowding, he does not know whether to occupy himself with guarding his son or to occupy himself with his tawaf, which leads to neglecting the tawaf. But if the son remained in the tent or in the lodging, the father would perform his tawaf with tranquility, and the son would not be burdened. And as long as the matter is not obligatory, let us take the dispensation of Allah (Mighty and Majestic). This is what we advise in these times due to the severe hardship on the child and on the child's guardian.
The third condition: The Intellect.
So one who is not of sound mind, his Hajj is not valid. So if a person is afflicted in his mind by an incident that befalls him, or by madness – we ask Allah for well-being – or by old age that reaches the point of senility, his Hajj is not valid; because he is not of sound mind.
And the fourth condition: Freedom.
It is that the person not be a slave, meaning: A slave; because the slave is not able to perform Hajj as he is a slave to his master. But if the slave performs Hajj, is it valid?Answer: Yes.
His Hajj is valid, and a reward is recorded for him, but when he is freed, it is obligatory upon him to perform the obligatory duty; because his Hajj before he was freed does not suffice for the obligation,And some of the scholars of knowledge said: That if he performs Hajj with his master's permission, it suffices for him for the obligation; because the non-obligation of Hajj on the slave is not because there is a defect in it, but because of his master's right. So if his master permits it, there is no harm. The parallel to this is the poor person, Hajj is not obligatory upon him, but if he performs Hajj, it suffices for him for the obligation. And this opinion is the stronger position,Meaning: That if the slave performs Hajj with his master's permission, it suffices for him for the obligation as long as he is of sound mind.
The fifth condition: Capacity by wealth and body.
So one who does not have money, Hajj is not upon him, just as the poor person who has no money does not have zakah upon him. So the poor person who cannot afford Hajj does not have Hajj upon him. And if he dies, he will meet Allah (Mighty and Majestic) without being sinful; because he cannot afford it. And as for the one who is unable by body who cannot do it with his body, it is looked into: if his inability is temporary and its removal is expected, we say: Wait until Allah heals you and you perform Hajj yourself. And if his inability is permanent, like the sick person with an illness whose cure is not expected, or the elderly person who cannot do it, then it is obligatory upon him to appoint a proxy to perform Hajj and 'Umrah on his behalf.
And from the ability: That a woman must have a mahram. So if she does not have a mahram, Hajj is not upon her. So if she dies and she has a lot of money and she did not perform Hajj due to the absence of a mahram, she will meet Allah the Exalted without being sinful; because this woman is not able from the legal aspect. So the Prophet (peace and blessings be upon him) forbade a woman to travel without a mahram. He announced that in a sermon of his in Medina,So a man stood up and said: (O Messenger of Allah! My wife went out for a need and I enrolled in the expedition of so-and-so. The Prophet (peace and blessings be upon him and his family) said to him: Go and perform Hajj with your wife) So he ordered him to leave the expedition and go and perform Hajj with his wife. And this is evidence that a woman cannot perform Hajj without a mahram. And what we see today of people's negligence in this is among the matters for which we ask Allah (Glorified and Exalted is He) not to afflict us with a calamity because of it. For if the Prophet (peace and blessings be upon him) forbade a woman to travel without a mahram and this man asked him: that he had enrolled in the expedition, the Prophet (peace and blessings be upon him) ordered him to leave the expedition and go and perform Hajj with his wife.
And this is evidence of the confirmation of the mahram, especially in our times where desires have prevailed over souls, except whom Allah protects.
The first: Islam.
The second: Reaching maturity.
And the third: The Intellect.
And the fourth: Freedom.
And the fifth: Ability.
So when these conditions are met, it is obligatory upon the person to go to Hajj immediately without delay; because he does not know what will happen to him. He may become unable after being able, he may become poor after being rich, he may die, and Hajj was obligatory upon him, then the heirs neglect performing it on his behalf. So it is obligatory upon the person when the conditions of obligation are met for him to hasten.
Rather, Allah restricted that by His saying:
for whoever is able to find thereto a way
مَنِ اسْتَطَاعَ إِلَيْهِ سَبِيلاًAnd the second: Reaching maturity.
And the third: The Intellect.
And the fourth: Freedom.
And the fifth: Ability, which is: capacity.
Five conditions, so if these five conditions are not met for a person, then Hajj is not obligatory upon him.
As for the condition of Islam: The opposite of Islam is disbelief, and Hajj is not obligatory upon a disbeliever; rather, if a disbeliever performs Hajj, it is not accepted from him; because Islam is a condition for the validity of acts of worship.
The second: Reaching maturity, so one who has not reached maturity is not obligated to perform Hajj. So if, for example, a young man dies before reaching maturity, he is not performed Hajj on his behalf as an obligation; because Hajj was not obligatory upon him. But is it sufficient to perform Hajj before reaching maturity?Meaning: Is his Hajj valid before he reaches maturity?
Yes.
His Hajj is valid before he reaches maturity,From the hadith of Ibn 'Abbas (may Allah be pleased with them both): (A woman brought a child to the Prophet (peace and blessings be upon him and his family) and said: Is there a Hajj for this one?He said: Yes.
And for you is its reward) So the Hajj of a child is valid, but it does not suffice for him. When he reaches maturity, it is obligatory upon him to repeat the Hajj; rather, it is obligatory upon him to perform the obligatory duty.
If someone were to say: Do you advise people in these times to put their children into the state of ihram for Hajj or 'Umrah, or do you advise against that?So the answer is: We advise against that, and that they should not burden their children with Hajj; because of the severe crowding that nearly kills the adult and the elderly, and because it occupies their family. So if a person goes, for example, to perform tawaf during the season in this crowding, he does not know whether to occupy himself with guarding his son or to occupy himself with his tawaf, which leads to neglecting the tawaf. But if the son remained in the tent or in the lodging, the father would perform his tawaf with tranquility, and the son would not be burdened. And as long as the matter is not obligatory, let us take the dispensation of Allah (Mighty and Majestic). This is what we advise in these times due to the severe hardship on the child and on the child's guardian.
The third condition: The Intellect.
So one who is not of sound mind, his Hajj is not valid. So if a person is afflicted in his mind by an incident that befalls him, or by madness – we ask Allah for well-being – or by old age that reaches the point of senility, his Hajj is not valid; because he is not of sound mind.
And the fourth condition: Freedom.
It is that the person not be a slave, meaning: A slave; because the slave is not able to perform Hajj as he is a slave to his master. But if the slave performs Hajj, is it valid?Answer: Yes.
His Hajj is valid, and a reward is recorded for him, but when he is freed, it is obligatory upon him to perform the obligatory duty; because his Hajj before he was freed does not suffice for the obligation,And some of the scholars of knowledge said: That if he performs Hajj with his master's permission, it suffices for him for the obligation; because the non-obligation of Hajj on the slave is not because there is a defect in it, but because of his master's right. So if his master permits it, there is no harm. The parallel to this is the poor person, Hajj is not obligatory upon him, but if he performs Hajj, it suffices for him for the obligation. And this opinion is the stronger position,Meaning: That if the slave performs Hajj with his master's permission, it suffices for him for the obligation as long as he is of sound mind.
The fifth condition: Capacity by wealth and body.
So one who does not have money, Hajj is not upon him, just as the poor person who has no money does not have zakah upon him. So the poor person who cannot afford Hajj does not have Hajj upon him. And if he dies, he will meet Allah (Mighty and Majestic) without being sinful; because he cannot afford it. And as for the one who is unable by body who cannot do it with his body, it is looked into: if his inability is temporary and its removal is expected, we say: Wait until Allah heals you and you perform Hajj yourself. And if his inability is permanent, like the sick person with an illness whose cure is not expected, or the elderly person who cannot do it, then it is obligatory upon him to appoint a proxy to perform Hajj and 'Umrah on his behalf.
And from the ability: That a woman must have a mahram. So if she does not have a mahram, Hajj is not upon her. So if she dies and she has a lot of money and she did not perform Hajj due to the absence of a mahram, she will meet Allah the Exalted without being sinful; because this woman is not able from the legal aspect. So the Prophet (peace and blessings be upon him) forbade a woman to travel without a mahram. He announced that in a sermon of his in Medina,So a man stood up and said: (O Messenger of Allah! My wife went out for a need and I enrolled in the expedition of so-and-so. The Prophet (peace and blessings be upon him and his family) said to him: Go and perform Hajj with your wife) So he ordered him to leave the expedition and go and perform Hajj with his wife. And this is evidence that a woman cannot perform Hajj without a mahram. And what we see today of people's negligence in this is among the matters for which we ask Allah (Glorified and Exalted is He) not to afflict us with a calamity because of it. For if the Prophet (peace and blessings be upon him) forbade a woman to travel without a mahram and this man asked him: that he had enrolled in the expedition, the Prophet (peace and blessings be upon him) ordered him to leave the expedition and go and perform Hajj with his wife.
And this is evidence of the confirmation of the mahram, especially in our times where desires have prevailed over souls, except whom Allah protects.
The first: Islam.
The second: Reaching maturity.
And the third: The Intellect.
And the fourth: Freedom.
And the fifth: Ability.
So when these conditions are met, it is obligatory upon the person to go to Hajj immediately without delay; because he does not know what will happen to him. He may become unable after being able, he may become poor after being rich, he may die, and Hajj was obligatory upon him, then the heirs neglect performing it on his behalf. So it is obligatory upon the person when the conditions of obligation are met for him to hasten.