Ruling on Hajj and Conditions of its Obligation

Ruling on Hajj and Conditions of its Obligation
10491 0 317

The obligation of Hajj is one of the best acts of worship that bring one closer to Allah The Almighty. It was Legislated by Allah to complete His religion. Allah The Almighty also Legislated ‘Umrah, which was mentioned in the Noble Quran right after the obligation of Hajj. Allah The Almighty Says (what means): {And complete the Hajj and ‘Umrah for Allah…} [Quran 2:196]

There are important rulings that pertain to these two acts of worship that should be known by the pilgrims to be well informed and worship Allah with insight. Allah The Almighty Has not only Ordered His slaves to worship Him sincerely, but He also Ordered them to worship Him according to what He Has Legislated.

The following is a summary of the most important rulings of Hajj and ‘Umrah that would help you perform this great pillar of Islam correctly.

The Ruling on Hajj and ‘Umrah

The Quran, Sunnah and the consensus of scholars prove that Hajj is obligatory for the one who can afford it once in his lifetime. Allah The Almighty Says (what means): {…And [due] to Allah from the people is a pilgrimage to the House - for whoever is able to find thereto a way…..} [Quran 3:97]

As for the Sunnah, Hajj was mentioned in many Ahadeeth. It was narrated on the authority of Ibn ‘Umar  may  Allah  be  pleased  with  them that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) said: “Islam is built on five (pillars): testifying that there is none worthy of worship but Allah and that Muhammad is the Messenger of Allah, offering the (compulsory congregational) prayers, paying Zakah, fasting Ramadan and performing Hajj for whoever is able to find a way.” [Al-Bukhari and Muslim]

The consensus of scholars was reported by Ibn Al-Munthir, Ibn Qudaamah  may  Allah  have  mercy  upon  them and others.

As for ‘Umrah, scholars held different opinions regarding its ruling. Some scholars said that it is obligatory for the people who are obliged to perform Hajj (i.e. capable of performing it). Those scholars cited a number of proofs and among them was the Hadeeth that was narrated by ‘Aa’ishah  may  Allah  be  pleased  with  her where she said: “I said, ‘O Messenger of Allah! Is Jihaad prescribed for women?’ He said, ‘Yes. Jihaad that does not involve fighting; the Hajj and ‘Umrah.” [Ahmad]

On the other hand, scholars who said that ‘Umrah is not obligatory cited the following Hadeeth:

The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) was asked, “If ‘Umrah is obligatory or not.’ He replied, ‘No, but it is better to perform it.’” [At-Tirmithi and others] The authenticity of this Hadeeth is disputable.

Moreover, scholars held different opinions whether the person who is capable of performing Hajj should perform it immediately or he may delay it. Most scholars said that he should perform it immediately and it is not permissible for him to delay it if he is capable of doing it. Allah The Almighty Says (what means):

     *  {And complete the Hajj and ‘Umrah for Allah….} [Quran 2:196]

     *  {…And [due] to Allah from the people is a pilgrimage to the House - for whoever is able to find thereto a way…..} [Quran 3:97]

The basic principle is that the person who is competent for religious assignments should perform them at once.

Conditions that Make Hajj Obligatory

Hajj becomes obligatory for the person who is competent for religious assignment only when certain conditions are met. These conditions are called “Conditions of Obligation”. These conditions are:

Islam

Hajj is not obligatory for non-Muslims and even if they perform it, it will not be accepted. Allah The Almighty Says (what means): {And what prevents their expenditures from being accepted from them but that they have disbelieved in Allah and in His Messenger…..} [Quran 9:54] Islam is a condition for the validity of all acts of worship and a condition for its obligation.

Competency

This means that the Muslim should be mature and in full possession of his mental faculties. Hajj is not obligatory for the young Muslim as he is not competent for religious assignment. However, if a young Muslim performs Hajj, it will be accepted. A woman came to the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) raised a boy to him and asked him, “Can this young boy perform Hajj?” The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) said, “Yes, and you will be rewarded.” [Muslim] However, this Hajj will not exempt him from performing the obligatory Hajj after reaching puberty. Thus, the person should perform Hajj once more after reaching puberty. If a person is insane, he is not obliged to perform Hajj and if he performs it, it will not be valid as one of the conditions of Hajj is the intention and an insane person cannot have such an intention.

Freedom

Hajj is not obligatory for slaves as they are not capable of finding a way thereto, but if they perform it, it will be valid. However, this Hajj should be performed once more after being emancipated.

Capability

Capability includes both physical and financial capability. That is, the person should afford performing Hajj and be physically able to perform its rituals. If the person who is competent for religious assignment was unable financially and physically to perform the rituals, Hajj will not be obligatory for him as he is not capable of performing it.

If the person could afford Hajj but was physically incapable, he should assign a proxy. A woman from the tribe of the Khutha’mah came to the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) and said: “O Messenger of Allah! The obligation of Hajj enjoined by Allah on His slaves has become due (compulsory) on my father who is an old man and cannot sit firmly on the riding animal. Can I perform Hajj on his behalf?” He said, “Yes.' [Al-Bukhari]

The person who is competent for religious assignment is not required to borrow money to perform Hajj. Also, one is not required to perform Hajj by taking money from another person and he is not considered capable by this.

The financial capability that is considered under Sharee’ah for Hajj is to have sufficient money for the journey and the accommodation and that this money should be extra than what he needs for paying his debts, expenses that he is responsible for and his basic needs such as his food, clothing, housing and so forth. If someone was in debt and the time of repayment was due, he will not be required to perform Hajj until he repays the debt.

If someone wanted to get married and was afraid of hardship or of committing something unlawful, he might get married before performing Hajj. However, if he did not fear hardship, he might perform Hajj first.

The Availability of a Mahram for a Woman

Part of the capability is the availability of a Mahram for the woman who wants to perform Hajj. If a woman could not find a Mahram, Hajj will not be obligatory for her because women are forbidden from travelling without Mahram. The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) said: “It is not lawful for any woman who believes in Allah and the Day of Judgment to travel without having a Mahram.” [Al-Bukhari and Muslim] A Mahram is the husband of the woman or any man who is eternally prohibited for her by virtue of blood relation, suckling or marriage relationships.

The above mentioned are the rulings pertaining to Hajj and ‘Umrah and the conditions of their obligation. There are rulings that pertain to other issues of Hajj and could be reviewed on the Hajj section on the website.

Related Articles

Popular Articles

Hajj rulings

Questions about Black Stone

1- Shaykhul-Islam Ibn Taymiyyah, may Allaah have mercy upon him, said, “No inanimate object can be kissed or given salutations except for the Black Stone.” 2- Kissing the Black Stone is an...More