The ruling on Hajj for one who is able to perform it but is prevented by the state
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He has a second question. Brother Yusuf 'Umar says in this message: Does one who is unable to perform the obligatory Hajj while being able to afford it commit a sin? This is because the competent authorities refused to grant him an exit visa to the Holy Lands on the grounds that he has not reached the age of forty, even though the obligation of Hajj is incumbent upon every able person. Please inform us, may Allah reward you?
Answer: It is obligatory for a Muslim, if he is able to perform Hajj with his own person and wealth, to hasten to perform Hajj, even if he is before the age of forty. From the time he reaches puberty and is able to travel to the Holy Lands, Hajj becomes obligatory upon him. This is because Allah, Glorified and Exalted is He, says: [Al 'Imran: 97]. The meaning is: It is obligatory upon people, or a duty upon people, for the sake of Allah. And the Prophet (peace and blessings be upon him) said: Jami` at-Tirmidhi 2609Sahih (Darussalam) And in the hadith of 'Umar (may Allah be pleased with him) , he (peace and blessings be upon him) said when Jibril asked him about Islam: Sahih Muslim 8a So, whenever he is able to find the way to it and he is an adult, it becomes obligatory upon him to travel for Hajj. Likewise, if a woman is able to find the way to it, has a mahram, and is an adult, it becomes obligatory upon her to go for Hajj.
But if he is prevented, if he is prevented by the ruling authority, he is excused until the authority grants him permission so that he is able to do so; for Allah the Exalted says: [al-Taghābun:16] and He says : [al-Baqarah:286] and the Prophet (peace and blessings be upon him) said: Sahih al-Bukhari 7288 and this is part of the facilitation of Allah and His mercy; for He negated hardship from the one who was not able.
It is obligatory upon Islamic governments to look into this matter and not to be severe with people, and to allow them the opportunity before the age of forty. Who can guarantee that a person will live until he completes forty? Who can guarantee that he will remain? So it is obligatory upon Islamic governments to leave this decision and this law, and it is obligatory upon them to assist in good. Allah, Glorified and Exalted is He, says: [Al Ma'idah: 2]. And Hajj is part of righteousness and part of taqwa (mindfulness of Allah). So it is obligatory upon all Islamic states to allow their Muslim populations to perform Hajj if they are able before the age of forty. Whenever he reaches puberty and is able, they should allow him to perform Hajj in an organized manner so that the objective is achieved without delaying the Hajj. Yes.
The presenter: May Allah bless you and reward you with good.
Answer: It is obligatory for a Muslim, if he is able to perform Hajj with his own person and wealth, to hasten to perform Hajj, even if he is before the age of forty. From the time he reaches puberty and is able to travel to the Holy Lands, Hajj becomes obligatory upon him. This is because Allah, Glorified and Exalted is He, says:
And [due] to Allah from the people is a pilgrimage to the House - for whoever is able to find thereto a way
وَلِلَّهِ عَلَى النَّاسِ حِجُّ الْبَيْتِ مَنِ اسْتَطَاعَ إِلَيْهِ سَبِيلًاIslam 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 -يعني: على خمس دعائم- شهادة أن لا إله إلا الله، وأن محمداً رسول الله، وإقام الصلاة، وإيتاء الزكاة، وصوم رمضان، وحج البيتAl-Islam implies that you testify that there is no god but Allah and that Muhammad is the messenger of Allah, and you establish prayer, pay Zakat, observe the fast of Ramadan, and perform pilgrimage to the (House) if you are solvent enough (to bear the expense of) the journey.
الإسلام: أن تشهد أن لا إله إلا الله، وأن محمداً رسول الله، وتقيم الصلاة، وتؤتي الزكاة، وتصوم رمضان، وتحج البيت إن استطعت إليه سبيلاًBut if he is prevented, if he is prevented by the ruling authority, he is excused until the authority grants him permission so that he is able to do so; for Allah the Exalted says:
So fear Allah as much as you are able
فَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْAllah does not charge a soul except [with that within] its capacity
لا يُكَلِّفُ اللَّهُ نَفْسًا إِلَّا وُسْعَهَاAnd if I order you to do something, then do of it as much as you can.
إذا أمرتكم بأمر فأتوا منه ما استطعتمIt is obligatory upon Islamic governments to look into this matter and not to be severe with people, and to allow them the opportunity before the age of forty. Who can guarantee that a person will live until he completes forty? Who can guarantee that he will remain? So it is obligatory upon Islamic governments to leave this decision and this law, and it is obligatory upon them to assist in good. Allah, Glorified and Exalted is He, says:
cooperate in righteousness and piety
وَتَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَىThe presenter: May Allah bless you and reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.