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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Continuation of the explanation of the author's statement: "And their performance by a child and a slave is voluntary"

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The Shaykh : He says, "And their performance by a child and a slave is voluntary". A slave, even if he is an adult of sound mind, does not fulfill the obligatory Hajj; rather, his Hajj and 'Umrah are not valid as obligatory acts, but only as voluntary ones, because he is not among those for whom it is obligatory. There is a prior disagreement on this issue: whether freedom is a condition for the obligation in all cases, or whether we say that freedom is a condition only if his master does not permit it; if his master permits it, then it becomes obligatory upon him, according to the aforementioned disagreement. However, even if his master permits him to perform Hajj, according to the stronger opinion, it is not valid as fulfilling the obligation, but only as a voluntary act, even if he intends it for the obligatory Hajj; it is not valid. But there is a consideration in this, and the correct view is that if he performs Hajj with his master's permission and intends it for the obligatory Hajj, it suffices for him. This is because we say that Hajj is not obligatory upon him, as he is like a poor person. If a poor person performs Hajj while in a state of poverty and endures hardship, the obligation is lifted from him. Similarly, if this slave performs Hajj with his master's permission, the obligation is lifted from him.
He says, "And their performance by a child and a slave is voluntary". Based on this, it becomes clear that the five conditions we mentioned in the previous lesson, which are conditions for the obligation, are divided into three categories. Some are conditions for the obligation, sufficiency, and validity. Some are conditions for the obligation and sufficiency, but not validity. And some are conditions for validity only. Islam is a condition for the obligation, sufficiency, and validity. Similarly, sound mind is a condition for the obligation, sufficiency, and validity, except according to the opinion of those who hold that a lunatic is like a child, and it is valid for his guardian to intend on his behalf. Freedom is a condition for the obligation and sufficiency, but not validity. Reaching puberty is a condition for the obligation and sufficiency, but not validity. Ability (istita'ah) is a condition for the obligation only; if one performs Hajj while lacking the ability, it suffices for him and is valid from him. Thus, they are divided into these three categories.
Source alathar.net

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

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