The Conditions of Hajj

The Third Topic

The Conditions of Hajj

A condition (shart), in the language: a sign.

In technical usage: that whose absence entails absence, while its presence does not entail presence or absence in itself. (1)

Hajj is obligatory only when five conditions are fulfilled:

The first condition: Islam: The person must be a Muslim; as for the disbeliever, Hajj is not obligatory upon him as a performance, nor would it be valid from him were he to do it. The same applies to all acts of worship: they are not accepted except with Islam. Allah Most High said: ﴿وَمَا مَنَعَهُمۡ أَن تُقۡبَلَ مِنۡهُمۡ نَفَقَٰتُهُمۡ إِلَّآ أَنَّهُمۡ كَفَرُواْ بِٱللَّهِ وَبِرَسُولِهِۦ وَلَا يَأۡتُونَ ٱلصَّلَوٰةَ إِلَّا وَهُمۡ كُسَالَىٰ وَلَا يُنفِقُونَ إِلَّا وَهُمۡ كَٰرِهُونَ﴾ [And what prevents their expenditures from being accepted from them is that they disbelieved in Allah and His Messenger, and they do not come to the prayer except while lazy.] (At-Tawbah 54)

The second condition: sound reason: The insane person is not obligated to perform Hajj, nor is it valid from him, because Hajj requires intention and purpose, and that cannot be found in an insane person. From ‘A’ishah (may Allah be pleased with her), that the Prophet (peace be upon him) said: “The pen has been lifted from three: from the sleeper until he wakes, from the child until he reaches puberty, and from the insane until he regains reason.” (1)

The third condition: puberty: Hajj is not obligatory upon one who has not reached puberty; the hadith of ‘A’ishah (may Allah be pleased with her) has already preceded, that the Prophet (peace be upon him) said: “The pen has been lifted from three: from the sleeper until he wakes, from the child until he reaches puberty, and from the insane until he regains reason.” Yet the Hajj of a minor who has not reached puberty is valid. Evidence for that is the hadith of ‘Abdullah ibn ‘Abbas (may Allah be pleased with them both): the Prophet (peace be upon him) met a caravan at al-Rawha’ and said, “Who are the people?” They said, “Muslims.” They said, “And who are you?” He said, “The Messenger of Allah.” A woman lifted a young boy to him and said, “Is there a Hajj for this one?” He said, “Yes, and you will have a reward.” (1)

This hadith shows that a child’s Hajj is established and valid, and that he is rewarded for it together with the guardian who performs Hajj with him; but it does not suffice him for the Hajj of Islam, so once he reaches puberty the Hajj of Islam becomes obligatory upon him. His guardian must keep from him what an adult pilgrim in ihram avoids of the prohibitions of ihram.

The fourth condition: freedom: Hajj is not obligatory upon a slave, by the consensus of the scholars, because he lacks ability; if he performs Hajj it is valid from him, but it does not suffice him for the Hajj of Islam.

The fifth condition: ability in body and wealth: That he is able in his body to perform Hajj—to travel to Makkah and carry out the rites of Hajj—and able in his wealth to cover the costs of travel and expenses, this wealth being surplus to the payment of debts and the expenses obligatory upon him, and surplus to the needs he requires of food, drink, clothing, marriage, housing, and their requirements—for His saying, exalted be He: ﴿ٱسۡتَطَاعَ إِلَيۡهِ سَبِيلٗاۚ﴾ […whoever is able to find a way to it.] (Aal 'Imran 97) This includes the costs of Hajj caravans when the pilgrim is required to perform Hajj with a caravan; whoever cannot afford it is not able. If a person is not able in his wealth, there is no Hajj upon him. And if he is able in his wealth but incapable in his body, he is not obligated to perform Hajj himself.

The one incapable of Hajj in his body has two cases:

The first case: if his incapacity is one whose removal is hoped for—such as an illness expected to pass—he waits until it passes, then performs Hajj himself.

The second case: if his incapacity is one whose removal is not hoped for—such as old age or a chronic illness for which no recovery is expected—he must appoint someone to perform the obligatory Hajj on his behalf. Evidence for that is the hadith of ‘Abdullah ibn ‘Abbas (may Allah be pleased with them both), who said: A woman from Khath‘am came and said, “O Messenger of Allah, the obligation Allah placed upon His servants in Hajj has reached my father as an old man; he cannot stay firm

on a mount. Shall I perform Hajj on his behalf?” He said, “Perform Hajj on behalf of your father”—and that was in the Farewell Hajj. (1)

A woman has an addition in the condition of ability: the presence of a mahram who accompanies her on the journey of Hajj; she is not obligated to perform Hajj if she does not find a mahram, because it is not permissible for her to travel except with a mahram. Evidence for that is the hadith of ‘Abdullah ibn ‘Abbas (may Allah be pleased with them both), who said: I heard the Prophet (peace be upon him) delivering a sermon, saying: “No man shall be alone with a woman except while a mahram is with her, and no woman shall travel except with a mahram.” A man stood and said, “O Messenger of Allah, my wife has set out for Hajj, and I have been enlisted for such-and-such a battle.” He said, “Go and perform Hajj with your wife.” (2)

It is required that the mahram be: an adult of sound reason; a young or mentally incompetent mahram does not suffice.

The mahram is: the woman’s husband, and every male permanently unlawful for her to marry through kinship, suckling, or marriage relation.

Included in ability is: safety of the road to Hajj. If the road is not safe, Hajj is not obligatory; likewise if contagion is feared when an epidemic spreads, or anything else through which the pilgrim fears for himself or his property, Hajj is not obligatory upon him until he is able.

The issue of the Hajj permit: The sites of Hajj are limited areas that cannot bear the enormous numbers of pilgrims. It is therefore obligatory to take that into account and to organize the numbers of pilgrims in a way that guarantees the rites are performed in safety and security and does not expose the pilgrim to danger—especially since some pilgrims are weak. From this came the specification of the numbers of pilgrims coming from outside the Kingdom of Saudi Arabia, and likewise the organization of Hajj for Saudis, so that a person may perform Hajj once every five years. A decree was issued by the Council of Senior Scholars in the Kingdom of Saudi Arabia permitting the organization of Hajj numbers as applied at the present time. Whoever wishes to perform Hajj must therefore adhere to the organization and not violate it, for violating it is a sin. Whoever meets the conditions of Hajj but cannot obtain a Hajj permit—because the quota allotted to his country has been filled, or because the time for obtaining the permit has passed without negligence on his part, or for a similar reason—

—is excused, and Hajj is not obligatory upon him until he can obtain the permit through legal means.