The Shaykh’s remarks on how a child performs Hajj.
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The Shaykh : The author (may Allah have mercy on him) did not specify in detail how a child performs Hajj. We say: If the child is of discernment, his guardian orders him to intend the state of ihram, saying, "My son, enter the state of ihram," because he is of discernment. If he is not of discernment, his guardian intends the state of ihram on his behalf. Is the guardian in the state of ihram when he intends it for the child, or is the child in the state of ihram? The child is in the state of ihram; the state of ihram is established by his guardian’s intention on his behalf, and then it continues. During the tawaf, if the child is of discernment, his guardian orders him to intend the tawaf, saying, "My son, now we are performing tawaf." Then, if the child is able to walk, he walks; if he is not able, his guardian or someone else carries him with the guardian’s permission. The same applies to sa'y as to tawaf. As for shaving or cutting the hair, the matter is clear, because it is possible to shave his head or cut his hair while he is in the cradle. Then we ask: Is it better to put children in the state of ihram for Hajj and 'Umrah, or is it better not to do so? We say there is a distinction in this. If it is at a time when it is not difficult, then putting them in the state of ihram is better, because the Prophet (peace and blessings be upon him) said to the woman who raised a child to him and asked if he had a Hajj: However, if there is hardship in doing so, such as during the crowds in Hajj or 'Umrah in Ramadan, it is better not to... because that results in severe hardship for the child and his family, and they may become preoccupied with this child to the neglect of their own rites, which they are required to perform in the best manner, as is the reality. Thus, putting them in the state of ihram is detailed in this way. As for when there is spaciousness, such as if one comes for 'Umrah on days when the crowds are not large, then putting him in the state of ihram is better. Another question: If a child enters the state of ihram, is he required to complete it, or do we say he is not accountable and may break it off? The well-known view in the school of thought is that he is required to complete it, because the completion of the voluntary nature of Hajj and 'Umrah is obligatory, and Hajj and 'Umrah are voluntary for the child, so he is required to complete them. The second view, which is the school of Abu Hanifah, is that he is not required to complete it because he is not accountable, as the pen has been lifted from him; if he wishes, he may proceed, and if he wishes, he may stop. This view is closer to the truth, and it is the apparent inclination of the author of al-Furu' (may Allah have mercy on him), that he may exit the state of ihram and nothing is required of him. This is more convenient for people in our current time, because a guardian may think that putting the child in the state of ihram is easy, and then things turn out contrary to expectation, leaving the matter problematic. If we adopt this view, that he is not accountable and not bound by obligations, then we say he may exit the state of ihram and nothing is required of him. This happens frequently among people in the current time with the crowds: the child wears the clothes of ihram, the izar and the rida, and then if he becomes hot or tired from them, he says, "Absolutely, I cannot continue," and breaks the izar and rida, saying, "Either give me a shirt to cover myself with, or..." If we adopt this view, which is closer to the truth due to its correct cause, this problem is removed from us. So, if the child understands the intention, is he obligated?
The guardian orders him.
The Shaykh : His guardian orders him to intend whatever he intends, whether it is ihram, tawaf, or sa'y. If he does not understand, his guardian intends it on his behalf. Second, the second issue: If he understands the intention but is unable to perform tawaf himself, what do we do with him? His guardian or someone else carries him with the guardian’s permission in tawaf and sa'y, because riding or being carried in tawaf and sa'y is permissible in case of inability. Umm Salama said to the Prophet (peace and blessings be upon him) when he ordered the farewell tawaf: "O Messenger of Allah, I am ill." He said:Sahih al-Bukhari 464 This indicates that riding or being carried is permissible in case of inability. There is also an important issue in this matter: If we say he is carried, is it valid for the carrier to perform tawaf for himself and for this child? The school of thought says it is not valid. If he intends for himself and for the one being carried, it counts for the one being carried and not for himself.
The second view is that it is not valid, and if he intends for himself and for the one being carried, it counts for himself and not for the one being carried, because he is the primary party and the one being carried is the secondary. What we see in this matter is that if the child understands the intention, and he intends it while his guardian carries him, then the tawaf counts for him and for the child, because when the child intends it, the tawaf is as if he performed it himself, and the guardian did nothing, so he intends for himself and for the child. However, if the child does not understand the intention, it is not valid for the tawaf to count with two intentions. It is said to his guardian: Either you perform tawaf first and then perform tawaf with the child, or you entrust his matter to a person who carries him... in tawaf and sa'y.
Yes, and you will have his reward.
نعم ولك أجرهThe guardian orders him.
The Shaykh : His guardian orders him to intend whatever he intends, whether it is ihram, tawaf, or sa'y. If he does not understand, his guardian intends it on his behalf. Second, the second issue: If he understands the intention but is unable to perform tawaf himself, what do we do with him? His guardian or someone else carries him with the guardian’s permission in tawaf and sa'y, because riding or being carried in tawaf and sa'y is permissible in case of inability. Umm Salama said to the Prophet (peace and blessings be upon him) when he ordered the farewell tawaf: "O Messenger of Allah, I am ill." He said:
He told me to perform the Tawaf behind the people while riding.
طوفي من وراء الناس وأنت راكبةThe second view is that it is not valid, and if he intends for himself and for the one being carried, it counts for himself and not for the one being carried, because he is the primary party and the one being carried is the secondary. What we see in this matter is that if the child understands the intention, and he intends it while his guardian carries him, then the tawaf counts for him and for the child, because when the child intends it, the tawaf is as if he performed it himself, and the guardian did nothing, so he intends for himself and for the child. However, if the child does not understand the intention, it is not valid for the tawaf to count with two intentions. It is said to his guardian: Either you perform tawaf first and then perform tawaf with the child, or you entrust his matter to a person who carries him... in tawaf and sa'y.