The Rulings of Hajj
2053. The Hajj is a pilgrimage to the house of the Lord, and performing the rituals which have been prescribed. It becomes obligatory on an individual once in the lifetime to perform the Hajj if he meets the following criteria:
1. he is bÁligh (of puberty)
2. he is sane
3. he is a free person.
4. he is not be compelled to commit a forbidden task on account of going for Hajj, avoiding which is more important than the Hajj. Similarly, he should not be compelled to abandon an obligatory act which is more important than the Hajj.
5. He should also be able to go for Hajj. The ability is defined by the following factors:
a. He should possess the provisions and the vehicle for the journey, or the wealth required to procure it.
b. He should be healthy and (physically) capable of travelling to Makkah and performing the Hajj.
c. There should be no obstruction on the way. However, if the roads are closed, or if a person fears that his life or honor will be jeopardized in the journey to Makkah or whilst performing the rituals of Hajj, or that his property will be confiscated, then it is not obligatory upon him to perform the Hajj. However, if he is able to journey through another route, he must do so even if it is a longer route.
d. He should have sufficient time to fulfill the rituals of Hajj.
e. He should be able to meet the expenses of those whose maintenance is obligatory upon him, such as his wife and children. He should also be able to meet the expenses of those whose maintenance is incumbent upon him in the common understanding, such as a servant whom he requires.
f. Upon returning, he should have a business, a farm, or an income from a property, or some means of earning his livelihood and that of his dependants in accordance to his status, so that he is not subject to a life of hardship.
2054. If a person is in need of owning a house, without which he would be subject to hardship and difficulty, then the Hajj will only become obligatory on him when he is able to procure the money for the house as well.
2055. If a woman who is able to go to Makkah, will not possess any wealth herself upon returning from Makkah, and neither will her husband pay for her living expenses, causing her to experience hardship and difficulty in her life, then it will not be obligatory on her to go for Hajj.
2056. If a person does not possess the provisions for the journey, nor a vehicle for transportation and another person offers to pay for his expenses and the expenses of his dependants during his journey for Hajj, then in the event that he is confident that the well-wisher will pay for his expenses, he will have to go for Hajj.
2057. If a person is gifted with the expenses for going to Makkah and returning from it, and also the expenses of his dependants whilst he is away on his journey to Makkah, and the well-wishers stipulate that he goes for Hajj, it is obligatory on him to accept it and go for Hajj. This is applicable even in the case where the individual would not have the wealth required to support his life upon returning from the journey, or a case where he has to pay off a debt. An exception is the case where the deadline for paying the debt has passed, and the creditor is demanding it, and the debtor would be able to pay off the debt if he were not to go for Hajj. Another exception is the case where the debt is to be paid off after a period of time, and the debtor knows that should he go for Hajj, he would not be able to pay off the debt when it will become due on him.
2058. If some well-wishers provide the travelling expenses of a person, and the expenses of his dependants for the period he is away for Hajj, and they ask him to go for Hajj, but they do not make it his property, then in the event that he is confident that they will not take it back from him, it is obligatory upon him to go for Hajj.
2059. If some well-wishers provide a person with the amount that is sufficient for completing the Hajj, but stipulate that he serves one of the well-wishers during the journey to Makkah, it will not be obligatory on him to go for Hajj.
2060. If some people gift an amount of wealth to a person, rendering the Hajj obligatory on him, and he thus performs the Hajj, then he will not have to perform it again even if he later acquires the wealth by himself.
2061. If a person embarks on a business trip to—for example—Jeddah, and there he acquires an amount of wealth that enables him to make the journey to Makkah, and he possesses the conditions that are consequential in establishing his ability to go for Hajj, then he must go for Hajj. In the event that he goes for Hajj, it will not be obligatory upon him to go for Hajj again even if he acquires some wealth which enables him to go for Hajj from his hometown.
2062. If a person is hired to go for Hajjon behalf of another person, then in the event that he is unable to go himself, and wishes to hire another person on his behalf, he must seek the permission of the person who hired him.
2063. If a person becomes able to go for Hajj, but fails to do so, and then becomes poor, then he must perform the Hajj even if it entails difficulty. However, if he is unable to do so by any means, then in the event that someone hires him to go for Hajj, he must go for Hajj and perform the Hajj on behalf of the one who hired him. If possible, he should then remain in Makkah until the next year and perform the Hajj for himself. However, if it is possible for him to be hired for Hajj, and take payment for it in cash, and the person hiring him allows him to perform the Hajj on his behalf in the subsequent year, then he must perform his own Hajj in the current year, and perform Hajj on behalf of the one who hired him in the subsequent year.
2064. If a person goes for Hajj during the first year that he is able to do so, but does not reach the plains of ‘ArafÁt and Mash‘ar al-HarÁm during the prescribed time, and he would not have been able to travel earlier and reach there in time, then if he is unable to go for Hajj in subsequent years, it will not be obligatory on him. However, if he was able to travel earlier and reach at the prescribed time, or has been able to go for Hajj for many years but has failed to do so, then he must go for Hajj even if it entails difficulty.
2065. If a person does not go for Hajj during the first year that he is able to do so, and then owing to old age, illness or incapacitation is unable to perform the Hajj in later years, or it entails hardship and he despairs from being able to go for Hajj in subsequent years without bearing hardship, then he must immediately send another person on his behalf. In fact, if a person cannot perform Hajj in the first year that he acquires adequate wealth for performing the Hajj, owing to old age, illness or incapacitation, or because it entails hardship and he despairs from being able to perform the Hajj without hardship in subsequent years, the obligatory precaution is that he should send someone on his behalf to perform the Hajj. The recommended precaution is that if the person being represented is a man, he should select a person who has not been toHajj before.
2066. The person who performs the Hajj on behalf of another, should also perform the ÔawÁf al-nisÁ’ on his behalf as well. If he fails to do so, the hired person’s wife becomes forbidden to him.
2067. If a person fails to perform ÔawÁf al-nisÁ’ out of ignorance, or forgets to perform it, or performs it incorrectly, obligatory precaution dictates that he should perform it himself. In the event that he is unable to do so, or involves a lot of hardship for him, he may appoint a deputy (for this task). However, if he intentionally fails to do so, despite being aware of the rulings, he must return and perform it, unless he is unable to do so, or it entails hardship for him. In this case, he may appoint a deputy.
The detailed rulings of the Hajj are explained in the book ManÁsik al-Hajj (the rites of Hajj).