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 Conditions which make Hajjatul Islam obligatory

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PostSubject: Conditions which make Hajjatul Islam obligatory   Tue May 29, 2007 12:09 pm

1. Adulthood

Pilgrimage is not obligatory on any person who has not attained adulthood, even if they were approaching it. A pilgrimage, performed by a child will, most evidently, not be counted as Hajjatul Islam, even if it was performed properly.

Rule 4: If a boy, who has the means to make the journey, leaves for pilgrimage and attains puberty before assuming ihram at the appropriate Meqat, his pilgrimage is valid as Hajjatul Islam. However, if he attains adulthood after wearing ihram and before the stay at Muzdalifah, he should complete the pilgrimage; it would be valid as Hajjatul Islam.

Rule 5: A person may perform an optional pilgrimage in the belief that they have not attained puberty. Yet, they discover, during pilgrimage time or after its completion, that they had already attained puberty. Such pilgrimage will counted as an obligatory one.

Rule 6: It is recommended for a discerning child to perform pilgrimage but, as is widely believed, it is conditional on the consent of his guardian.

Rule 7: The consent of parents is not a prerequisite for the validity of a pilgrimage of an adult. However, if the journey to perform a recommended pilgrimage displeases either or both of them, for fear, for example, of the dangers arising from the journey, it is not permitted to embark on it.

Rule 8: It is recommended that the guardian of a child, male or female, who is not capable of rational action, should help him or her assume ihram. That is, help them wear ihram and coach them in the recitation of the talbiyyah, if they are capable of comprehension.
Conversely, he should recite it for them. He must also restrain him from all matters which a pilgrim in a state of ihram must avoid. It is permissible to delay removing the clothes of a child till reaching Fakh if that route is taken. The child must then be instructed to perform all such acts of pilgrimage that he can. The guardian should perform on his behalf that which he is unable to do. The guardian should make the child perform tawaf, sa'y, between Safa and Marwah, wuquf at Arafat and Mash'ar; rami of jamarat, if they are able; otherwise, the guardian should throw them on his behalf. This is also true of tawaf prayer, taqseer, especially get their head shaved, and the remaining acts.

Rule 9: There is no objection to a guardian assisting a child to wear ihram, although the guardian is not in a state of ihram himself.

Rule 10: It is recommended that the person who takes a child, who is not capable of rational action, on a pilgrimage as his guardian must be the person who has the right of custody of the child as detailed in the law of marriages.

Rule 11: If the expenses of pilgrimage of the child exceed the usual amount, the excess amount should be borne by the guardian and not the child. However. And if the protection of the child was contingent on making the journey for Hajj, or if the journey was in the child's interest, it is permissible to meet the expenses of the child from his own money.

Rule 12: The cost of the sacrifice for the undiscerning child should be borne by the guardian and so should the expiation (kaffarah) for hunting. As for kaffarahs which are attracted as a result of deliberate acts, they would naturally not fall on the child, even if he is a discerning one, or the guardian, nor would they be payable from the child's money.

2. Reason

There is no obligation on an insane person to perform pilgrimage, even if their insanity is periodic. However, if they recover during the pilgrimage period, are of means and able to perform the rituals thereof, it is obligatory on them to perform pilgrimage, even if they remain insane during the other periods. However, should they know that bouts of insanity coincide with pilgrimage days, they should deputies a person as soon as they recover.

3. and 4. Freedom and Financial Ability

There are few rules that need considering under this heading.

A- Time

There must be enough time for making the journey to Makkah and staying throughout the obligatory periods. In other words, it is not obligatory to perform pilgrimage, even if you can afford it, if you do not have ample time for the journey, stay, and performing the obligatory rituals. This should also be the case, even if there was time, yet it entails enduring great difficulties.

In such circumstances, it is obligatory to set aside the funds for the journey in the ensuing year, and doing one's best not to dispense with them until the following year. However, matters relating to dispensing with the funds set aside for performing pilgrimage is outlined in Rule 39 below.

B- Physical Health and Strength

If a person is unable to travel to the holy places due to ill health, old age, or they are unable to stay there for the required periods because of extreme heat, it is not obligatory on them to set out for pilgrimage personally. However, they must send an agent to perform it for him.

C- No Obstruction

The route must be open and safe, i.e. there must be no barrier to reaching the Meqat and no danger to the pilgrim's life, his property or honour. Otherwise, pilgrimage is not obligatory. That is the rule regarding the outbound journey. As for the ruling on the return journey, it is discussed in Rule 22 below.

However, if after wearing ihram an eventuality, such as illness, arises, or a danger posed by an enemy, the special rules relating to such circumstances will be discussed.

Rule 13: If there are two routes available for the journey to pilgrimage, one safe and the other not, the obligation to perform pilgrimage remains; that is, the safe route must be taken, even if it is longer. However, if taking the longer route involves travelling through many countries, such a situation would constitute an obstruction on the same lines of the preceding rule, i.e. pilgrimage ceases to become obligatory.

Rule 14: If a person has property in his country which could perish or be lost if they went on pilgrimage, it is not obligatory on them to do so. Similarly, it is not obligatory to make the journey of pilgrimage, if it was in response to a more urgent and more important act, called for by religious dictate, such as rescuing a person from drowning, or fire; or if the journey is dependant on committing a sin, the avoidance of which is more important than performing pilgrimage, or of equal importance.

Rule 15: If performing pilgrimage will result in a sin, either by an omission to do what is obligatory in religion, or the commission of a forbidden act, a sin will have been committed which will have to be answered. Such will remain unconnected with the pilgrimage which will be valid as a Hajjatul Islam, provided that all the other conditions for its validity are observed. There is no difference in this regard whether the pilgrim was already duty-bound to perform pilgrimage or it became obligatory on them in that particular year.

Rule 16: If there is an enemy on the way to pilgrimage and there is no defence against them except by paying of one's property as to be unfair to the pilgrim, it is not necessary to lose the property. Accordingly, the obligation to perform pilgrimage ceases. Otherwise, the obligation remains. Even so, it is not necessary to bribe the enemy to facilitate the opening of the road.

Rule 17: If the route to the pilgrimage sites was by sea alone, the obligation does not cease, except if there was a reasonable risk of drowning, illness, or the like. If, however, pilgrimage was performed despite the risk, it should be deemed valid.

D- Expenses for the Journey

There must be sufficient funds to meet the expenses, arising from the journey, such as those for eating, drinking and other necessities. The provision must be adequate for the return journey including transportation. The amount necessary would depend on the financial position of the pilgrim.

Rule 18: Provision of expenses and transport is not merely to meet the necessities. They are an unqualified condition for the pilgrimage, even if the provision is not required by the pilgrim who, for instance, is capable of making the journey walking without any difficulty, and doing so would not be derogatory to his dignity.

Rule 19: The measure of the expenses for the journey is what the pilgrim physically has with him. It is not obligatory for a person to raise funds to meet the expenses through his business or other sources. There is no difference in this regard between a close and a distant journey.

Rule 20: The starting point of incurring expenses for the journey is the residence of the pilgrim and not his country of origin. For example, if the person had moved to another town for business or other purposes and when they were there, they acquired the means for the journey, it is obligatory on them to perform pilgrimage, even though they would not be in a position to make it from their country.

Rule 21: If a person has property for which they are unable to find a buyer at its real value and, as a result, they have to postpone pilgrimage in order to sell it for its real worth, they are not obliged to sell it immediately.
However, if , for example, in the year they acquired the means to perform pilgrimage, the expenses have already risen, and that they could even be higher the following year, it is not permissible to postpone pilgrimage.

Rule 22: The provision of the expenses for the return journey is a condition for pilgrimage, only if there had intend to return home. If this was not the case and the person had plans to reside in another country, it is enough to have provisions sufficient to get them there.
However, if the country to which they intend to go is more distant than theirs, it is not necessary to have sufficient provisions to get them there, and make the pilgrimage obligatory; they only need to have sufficient funds to enable them to return home, unless they have no alternative but to proceed to the more distant country.

E- Availability of Means on Return

The person must be in a position to maintain themselves and their family on returning home. It is necessary that, on their return, they should be solvent enough as to insulate themselves and their family against poverty. In other words, the expenditure that arose from the journey to pilgrimage should not encroach on their maintenance money..
It is not obligatory on a person to embark on pilgrimage if in so doing they would need to bear the cost of the journey from their property which could be the source of maintenance for themselves and their family. If they do not have alternative means of livelihood on a par with their social status, clearly it is not obligatory on them to sell their property which they would need as a necessity of life, nor is it obligatory to sell their home, personal and household effects, tools of trade needed for livelihood, such as books required by a scholar for study. Generally, disposal of necessities is not necessary, if doing so would cause distress and hardship. However, if there were surplus items at the person's disposal, it is obligatory to sell same in order to provide the expenses for pilgrimage.
For example, if one owns a house of the value of eighty thousand pounds and it is possible to sell it and purchase another one for a lesser price without causing any hardship, it is obligatory to do so and use the extra amount generated for performing pilgrimage and spending on family needs.

Rule 23: If a person has property which they need, it is not obligatory on them to sell it in order to embark on pilgrimage. However, if they subsequently be able to do without it, it becomes obligatory on them to sell it to perform pilgrimage.
For example, a lady who has a piece of jewellery which she needs and cannot do without. Yet if she reaches a point where she is able to dispense with it, either because of old age or otherwise, it is obligatory on her to sell it and perform pilgrimage.

Rule 24: If a person owns a house and there is another house in which it is possible to reside without undue hardship, such as a waqf property, adequate to their needs, it is obligatory to sell the property they own and perform pilgrimage, even if the sale price may need to be supplemented from their other sources of income. This rule also applies to books of learning and other means of living.

Rule 25: If a person has sufficient funds to embark on pilgrimage, but needs to marry, or purchase a house for residence, or satisfy any other need, it is not obligatory on them to perform pilgrimage, provided that bearing the expenses thereof is not going to pose undue difficulty to them.

Rule 26: A person owes some money and they need it for the expenses of pilgrimage or part thereof. Repayment of the debt has already become due. It is, therefore, obligatory on them to demand it. The debtor may forestall settling the debt and the creditor is in a position to force him to force him to pay, even by way of taking him to court. There may be a case for a possible settling the sum against other payments due to the debtor. It is, therefore, obligatory on the creditor to resort to such measures.
Similarly, even if the repayment is not due, a demand should be made, especially, if payment would be forthcoming on demand. However, the debtor may be impoverished or may defer payment; it may not be possible to enforce settling the debt, or resorting to such an action may result in distress; the debt could be premature and the debtor is unwilling to settle it before the appointed term, and it is possible to assign the debt without causing harm or distress. In such cases, one should do so and, from the proceeds, meet the expenses of pilgrimage or supplement them from other sources if need be.

Rule 27: It is obligatory on those making a living of a profession or a vocation like blacksmiths, builders, and carpenters, whose earnings are usually sufficient for maintaining themselves and their family, to perform pilgrimage, should they receive property, by way of inheritance or any other means that would be sufficient to meet the expenditure of pilgrimage and maintenance of their family during their absence.

Rule 28: A person's livelihood may be derived from religious dues like khums and zakat, and such regular income is assured without difficulty. It is obligatory on them to perform pilgrimage, should they acquire sufficient funds for the journey and maintenance of their family. The same rule applies to the person who is in receipt of lifetime help, or the person whose lifestyle is not going to change, if they undertook the journey to pilgrimage.

Rule 29: If a person receives sufficient funds to cover the expenses of pilgrimage by obtaining conditional ownership of property, it is apparent that pilgrimage becomes obligatory on them. That is, if they can prevent the withdrawal of the ownership by selling the article subject of a revocable gift, for example. Otherwise, whether pilgrimage becomes obligatory depends on the decision of the donor or the person vested with the right to exercise the condition which could result in withdrawing the ownership. If such person effects the withdrawal before the completing pilgrimage, it will, evidently, be deemed as though it was not obligatory on them.

Rule 30: It is not necessary that, in order to embark on pilgrimage, the means be acquired from the person's own property. It can be acquired by way of gift, or be provided by another person. However, if the cloths for ihram during tawaf and its prayer were acquired unlawfully, pilgrimage shall not be valid, as a matter of precaution. If the money paid for the hady (sacrifice) was acquired by unlawful means, the pilgrimage is not acceptable, unless it was bought on credit and was settled from the unlawful money.
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