Explanation of the conditions for the obligation of Hajj and 'Umrah.
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The Shaykh : Today, we will begin this session by speaking about Hajj. Hajj is one of the five pillars of Islam upon which it is built, as the Prophet (peace and blessings be upon him) said: Jami` at-Tirmidhi 2609Sahih (Darussalam) Allah the Mighty and Majestic made it obligatory upon His servants in the ninth year of the Hijrah, and the Prophet (peace and blessings be upon him and his family) performed Hajj in the tenth year.
It is obligatory by the consensus of the Muslims. Whoever denies its obligation, and he has lived among the Muslims, is a disbeliever, because he has denied an obligation established by the Book and the Sunnah, known necessarily from the religion of Islam.
And whoever acknowledges its obligation but neglects it despite it being obligatory upon him: some of the scholars said that he is a disbeliever, as is one of the narrations from Imam Ahmad (may Allah have mercy on him). And some of them said that he is not a disbeliever, and that is the stronger position, but he is sinful and has committed a major sin from the major sins. And what indicates that he is not sinful [in the sense of disbelief] is that the Companions of the Messenger of Allah (peace and blessings be upon him and his family) do not consider any act of worship whose abandonment is disbelief except prayer.
But it is not obligatory except with conditions:
The first condition: Islam, and its opposite is disbelief. So the disbeliever is not obligated to perform Hajj, nor is he commanded to perform Hajj, nor is it permissible for him to enter Makkah, meaning the sacred precinct of Makkah, due to the saying of Allah the Exalted:[At-Tawbah 9:28]. And included in this is the one who does not pray. We do not command him to perform Hajj, nor do we allow him to enter Makkah, meaning the sacred precinct of Makkah, because he is an apostate disbeliever who is not permitted to enter the sacred precinct of Makkah, due to the saying of Allah the Exalted: [At-Tawbah 9:28].
The second: reaching puberty, and its opposite is being a minor. So the minor is not obligated to perform Hajj, but if he performs Hajj, his Hajj is valid, and it becomes obligatory upon him when he reaches puberty to perform the obligatory Hajj.
The third: sanity, and its opposite is insanity. So the insane person is not obligated to perform Hajj, and his Hajj is not valid, because his intention is not valid.
The fourth: freedom. So the slave is not obligated to perform Hajj, because he is owned and occupied with serving his master. But if he performs Hajj with his permission, and he is an adult of sound mind.
Some of the scholars said that his Hajj is valid, and some said it suffices, and some said it does not suffice. But they agree that it is valid.
The fifth: the ability, meaning the capacity to reach the House with money and body. So whoever is unable with his money, Hajj is not obligatory upon him, like the poor person who does not have money that enables 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. For this reason, we say that the one who has a debt does not perform Hajj until he pays off the debt. If the debt is deferred, meaning paid in installments, and he trusts that he will fulfill it 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 does not trust [in his ability to pay], then Hajj is not obligatory upon him, and it is not recommended for him to perform Hajj either, because paying off the debt is more important, more important than Hajj.
Why do we say it is more important than Hajj? Because Hajj, with the existence of a debt, is not obligatory, meaning it has not yet become an obligation. And on this basis, it is not recommended for a person to perform Hajj while he has a debt, even if the creditor permits him to perform Hajj, because the permission of the creditor does not cause any of his debt to be dropped. And some people have thought that if the creditor permits, then the debtor performs Hajj, and the matter is not so, because the right of the creditor is not attached to the body of the debtor, so that we would say if he permits him, let him perform Hajj. Rather, his right is attached to the money of the debtor. So if the creditor permits his debtor to perform Hajj, does any of his debt drop? The answer is no. So there is no benefit in the sin. And at that time, we say: the one who has a debt, if it is due, let him pay it off before he performs Hajj. And if it is deferred, meaning paid in installments, and the man trusts in himself that when 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 does not trust in himself, let him not save what is in his hand now to pay off the debt when the installment is due.
And from the ability: that the woman has a mahram. 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 family):Musannaf Ibn Abi Shaybah 9:2565. 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 in that they send their wives or their maids to perform Hajj without a mahram. So this is not permissible, meaning it is not permissible for a woman, even if she is a maid, to perform Hajj without a mahram, even with women, due to the generality of the saying of the Prophet (peace and blessings be upon him and his family): Musannaf Ibn Abi Shaybah 9:2565.
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, due to the saying of Allah the Exalted: .
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, the obligatory thing for the one upon whom Hajj has become obligatory due to the completion of its conditions is to hasten to perform it. If he does not do so, he is sinful. And if he dies before he performs Hajj with the delay.
Some of the scholars say that he performs Hajj on his behalf and it suffices for him. And some of them say that he does not perform Hajj on his behalf, because it does not suffice 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. And we will conclude now with this amount, because we fear that there will be many questions until our next meeting, if Allah wills. And we begin now with the questions, and the question will be one question.
Islam is based upon five: the testimony of La Ilaha Illallah, and that Muhammad is the Messenger of Allah, the establishment of the Salat, giving the Zakat, fasting (the month of) Ramadan, and performing Hajj to the House.
بني الإسلام على خمس شهادة أن لا إله إلا الله وأن محمدا رسول الله وإقام الصلاة وإيتاء الزكاة وصوم رمضان وحج بيت الله الحرامIt is obligatory by the consensus of the Muslims. Whoever denies its obligation, and he has lived among the Muslims, is a disbeliever, because he has denied an obligation established by the Book and the Sunnah, known necessarily from the religion of Islam.
And whoever acknowledges its obligation but neglects it despite it being obligatory upon him: some of the scholars said that he is a disbeliever, as is one of the narrations from Imam Ahmad (may Allah have mercy on him). And some of them said that he is not a disbeliever, and that is the stronger position, but he is sinful and has committed a major sin from the major sins. And what indicates that he is not sinful [in the sense of disbelief] is that the Companions of the Messenger of Allah (peace and blessings be upon him and his family) do not consider any act of worship whose abandonment is disbelief except prayer.
But it is not obligatory except with conditions:
The first condition: Islam, and its opposite is disbelief. So the disbeliever is not obligated to perform Hajj, nor is he commanded to perform Hajj, nor is it permissible for him to enter Makkah, meaning the sacred precinct of Makkah, due to the saying of Allah the Exalted:
O you who have believed, indeed the polytheists are unclean, so let them not approach al-Masjid al-Haram after this, their [final] year
يا أيها الذين آمنوا إنما المشركون نجس فلا يقربوا المسجد الحرام بعد عامهم هذاindeed the polytheists are unclean, so let them not approach al-Masjid al-Haram after this, their [final] year
إنما المشركون نجس فلا يقربوا المسجد الحرام بعد عامهم هذاThe second: reaching puberty, and its opposite is being a minor. So the minor is not obligated to perform Hajj, but if he performs Hajj, his Hajj is valid, and it becomes obligatory upon him when he reaches puberty to perform the obligatory Hajj.
The third: sanity, and its opposite is insanity. So the insane person is not obligated to perform Hajj, and his Hajj is not valid, because his intention is not valid.
The fourth: freedom. So the slave is not obligated to perform Hajj, because he is owned and occupied with serving his master. But if he performs Hajj with his permission, and he is an adult of sound mind.
Some of the scholars said that his Hajj is valid, and some said it suffices, and some said it does not suffice. But they agree that it is valid.
The fifth: the ability, meaning the capacity to reach the House with money and body. So whoever is unable with his money, Hajj is not obligatory upon him, like the poor person who does not have money that enables 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. For this reason, we say that the one who has a debt does not perform Hajj until he pays off the debt. If the debt is deferred, meaning paid in installments, and he trusts that he will fulfill it 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 does not trust [in his ability to pay], then Hajj is not obligatory upon him, and it is not recommended for him to perform Hajj either, because paying off the debt is more important, more important than Hajj.
Why do we say it is more important than Hajj? Because Hajj, with the existence of a debt, is not obligatory, meaning it has not yet become an obligation. And on this basis, it is not recommended for a person to perform Hajj while he has a debt, even if the creditor permits him to perform Hajj, because the permission of the creditor does not cause any of his debt to be dropped. And some people have thought that if the creditor permits, then the debtor performs Hajj, and the matter is not so, because the right of the creditor is not attached to the body of the debtor, so that we would say if he permits him, let him perform Hajj. Rather, his right is attached to the money of the debtor. So if the creditor permits his debtor to perform Hajj, does any of his debt drop? The answer is no. So there is no benefit in the sin. And at that time, we say: the one who has a debt, if it is due, let him pay it off before he performs Hajj. And if it is deferred, meaning paid in installments, and the man trusts in himself that when 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 does not trust in himself, let him not save what is in his hand now to pay off the debt when the installment is due.
And from the ability: that the woman has a mahram. 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 family):
A woman should not travel except with a mahram
لا تسافر امرأة إلا مع ذي محرمA woman should not travel except with a mahram
لا تسافر امرأة إلا مع ذي محرمSo 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, due to the saying of Allah the Exalted:
and hasten to [seek] forgiveness
وسارعوا إلى مغفرةAnd race toward the good deeds.
فاستبقوا الخيراتAnd 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, the obligatory thing for the one upon whom Hajj has become obligatory due to the completion of its conditions is to hasten to perform it. If he does not do so, he is sinful. And if he dies before he performs Hajj with the delay.
Some of the scholars say that he performs Hajj on his behalf and it suffices for him. And some of them say that he does not perform Hajj on his behalf, because it does not suffice 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. And we will conclude now with this amount, because we fear that there will be many questions until our next meeting, if Allah wills. And we begin now with the questions, and the question will be one question.