Is Hajj Obligatory on me?

Importance Of Hajj

Among the practices, only Hajj is the worshipping act on which a complete Chapter is there in Quran on its name. In Quran, apart from Surah Hajj the topic of Hajj has also been discussed in Surah Aal-e-Imran and Surah-e-Baqarah. Hajj, even if recommended, cannot be left incomplete in the middle once started.

ATTENTION: Other recommended worshipping acts for example recommended fast can be made void in the middle and there is no sin in doing so but the case of Hajj is different. In case all the conditions are fulfilled, Hajj becomes obligatory only once in lifetime.

Q : What are those conditions? A : There are some common conditions which are necessary for every worshipping act to become obligatory. They are four in number: (i) life (ii) maturity (iii) sanity (iv) capability

There are few specific conditions that are related only with the obligation of Hajj. This obligatory Hajj is generally called “Hajjat-ul-Islam”.

NOTE: on the completion of these conditions a person will be called MUSTATEE means he has the capability to go onto Hajj.

It is not necessary to complete or get these conditions completed but if the conditions are fulfilled by themselves then going onto Hajj will become obligatory. A person goes for Hajj, even if the conditions are not fulfilled, his Hajj will be correct and he will be rewarded too

But

On completion of conditions in the future he will have to perform Hajj again and this second Hajj will be called his obligatory Hajj.

Example: If an immature performs Hajj then his Hajj will be correct but this will not suffice for his obligatory Hajj rather upon completion of conditions, after being mature, he will have to perform his obligatory Hajj.

Once In A Lifetime

Hajj usually becomes obligatory only once in a lifetime but the case for nadr / mannat (ablation), qasam**(oath) and** A’had**(promise)** is different.

Example: If someone makes an ablation that: “I make ablation for Allah that I will go to perform Hajj if my ill son gets well” After attaining health it will be obligatory for him to go for Hajj completing the ablation.

Passport, visa etc.: Question : Once conditions are fulfilled, will it also become obligatory to acquire passport and visa? Answer : Yes

Question : If Saudi Arabian embassy does not give visa then? Answer : Hajj is not obligatory.

Security of the way

Question : Is the security of way also a condition? Answer : Yes it is necessary that the way to go for Hajj and return is safe and there is no danger for life. If going alone is harmful but to go with a companion is safe then in the case of having wealth, taking the companion along will also become obligatory. In this case the obligatory Hajj of the companion will also be considered as performed.

Important point

If it is possible to take permission by committing a sin (such as saying a false at some occasion or speaking a lie) and if that sin is a lesser sin than the sin of not performing obligatory Hajj then it is necessary to commit that lesser sin in order to perform the obligatory Hajj.

Note: For details of this, contact Ulema.

According to the Ahl-Sunnat Brotheren, a woman is not allowed to go for Hajj without a mahram man. There is no such condition in Maktab-e-Ahl-ul-Bait A.S. (Shia school of faith).If a woman feels herself secure she can go alone as well. (As this is the practice these days.)

Few details of physical fitness

Means a person is physically capable enough to perform the worshipping act of Hajj.

Case 01

Showed negligence when was physically capable and did not go for Hajj. Question : Now is physically unfit and can not go for Hajj. What to do? Answer :

Case 02

No negligence shown. All the conditions have now been fulfilled but is not physically fit enough. Can not go for Hajj.

Question : Is it obligatory for me to go for Hajj? Answer : No

Question : Is it obligatory to send any representative (Naib)? Answer : Imam Khomeini and Ayatullah Khamenei : No

Ayatullah Khoi and Ayatullah Sistani:

Few details of financial capablity

Following 4 points are included in this:

He has expenses for to-and-fro travel to Makkah Has funds for further travel after reaching Makkah

Those people whose expenses are obligatory on him must not be affected because of his journey for Hajj for example: wife, children. His job or the source of income shall not end because of this journey of Hajj.

Important point: Being financially capable does not mean that he has cash in hand or in bank rather if there is any other arrangement then that will also suffice.

Example 1: dower money (mahr)

If the woman’s dower money is sufficient enough for Hajj expenses and its payment is also due then it is obligatory for the woman to ask for the dower money from her husband and go for Hajj.

Example 2: inheritance

Father has died and heritage is being distributed. If the share of the inheritor is sufficient to perform Hajj then it is obligatory for him to claim his share and go for Hajj. He can not surrender his share for someone else.

Example 3: ornaments

If a woman has that many ornaments which can be sold to perform Hajj. Then it will be checked what is the age of the woman? If that many ornaments are the requirement of her age and they are in her daily use as well then there is no problem. Selling ornaments is not necessary and Hajj is also not obligatory.

But if the woman has reached such an age that she does not wear them then it is necessary for her to sell them and go for Hajj. In such a case, it is not allowed for her to give away such ornaments as a gift to anyone (for example her daughter and daughter in law)

Example 4: extravagance (israf)

Extravagance is among the major sins. Hajj can also become obligatory on a person spending his life with extravagance.

Question : What is meant by extravagance (israaf)? Answer : Islam permits every individual to own items of his daily life such as dress, car, home and ornaments etc. not only according to his need but according to his status (shaan). But Islam does not allow anyone in the society to spend more then his status (shaan) and calls it extravagance (israaf).

Question : How status (shaan) of a person is defined? How can this be known? Answer : This is determined by “urf”. Means opinion of the majority of people in the community in which that person is living will determine his status.

An example for explanation: Generally in our society it is considered as the status of a doctor to own a car although he does not need it.

Hajj being obligatory in case of extravagance

If a person has car, house or any other similar item that is beyond his status and the difference is enough to perform Hajj then Hajj is obligatory on him. He should sell those items to make arrangements for Hajj and buy car etc. according to his status from the rest of the money.

If someone gifts the money for performing hajj

If someone gives money for performing Hajj then it is obligatory to accept that.

Example: Husband gifts the Hajj expenses to his wife. Father gifts the Hajj expenses to any of his mature child. NOTE: In these examples the Hajj of the wife and the child will be considered as obligatory Hajj and hence their responsibility as far as Hajj is concerned will be fulfilled.

If someone wants to give the same amount of money without any condition: If he has not put the condition of Hajj then it is not obligatory to take that amount

But If it has been taken then going for Hajj will become obligatory.

Note: If the debtor denies returning the loan intentionally, without any reason then, if possible, it is obligatory to use court and other institutes to get the claim in order to go for Hajj. If the debtor is not able at all to return the debt then it is necessary to find such a person who can purchase that loan on agreed terms and give the money at this time. Such debt is not permitted to be forgiven.

Repayment of the loan and hajj

Case: Have money but need to repay loan. If debt is paid, can not go for Hajj.

Question : What shall such a person do? Shall he perform Hajj or repay the loan? Answer : Ayatullah Sistani: Hajj is not obligatory. But if the deadline to repay the loan is so far that is generally ignored by people (say after 50 years) then going for Hajj will be obligatory. Loan given and taken by the businessmen community in their daily transactions is not included in this.

***The point of view of rest of the three Maraj’e can be seen on the next page***

Ayatullah Khoi, Imam Khomeini and Ayatullah Khamenei :

Note: There are some details in the verdicts of Maraj’ae-Karaam of Hajj getting obligatory or not in presence of loans taken from the Government and Non-Muslim banks, the explanation of which is not possible in this booklet. To know this contact Ulema.

Taking Loan For Performing Hajj

Taking loan in order to perform Hajj is not obligatory. If loan is taken for the Hajj then: Imam Khomeini: Hajj will not become obligatory. Ayatullah Sistani: Hajj will not become obligatory but if the deadline to repay the loan is so far that is generally ignored by the people (say after 50 years) then going for Hajj will be obligatory. Ayatulllah Khoi and Ayatullah Khameni: If it is possible to repay the loan easily later on then going for Hajj will be obligatory.

Savings To Purchase House And Hajj

Case: A person was saving money for a specific purpose (for example: house, car, wedding of the daughter etc.) The amount becomes sufficient for performing Hajj.

Question : What shall he do? Is going for Hajj obligatory for him? Answer : Yes … but if Not spending money on house etc. will cause extreme trouble or “Haraj” for him, then Hajj will not remain obligatory.

Khums, zakaat and hajj

Case: A person has obligatory khums or zakat to pay and the time of Hajj has come.

Question : What shall he do? Shall he give khums or zakaat first or instead go for Hajj? Answer : He should pay khums or zakaat first and if sufficient money is left over for Hajj then Hajj is obligatory on him otherwise not. NOTE: If the Marja’e or his representative (Vakil) permits to delay the payment of khums then obligatory Hajj can be performed the same year.

Minimum Time Required For Hajj?

After reaching Makkah, minimum 5 days are required to perform the Hajj (means from 8th of ZilHajj till 12th of ZilHajj)

According to the current Saudi laws, one must enter Makkah before the 5th of ZilHajj. Therefore, the minimum time required practically for Hajj nowadays is 8 days.(These lines are being written in 1431 AH/ 2010 AD)

If one is able to go by spending only the minimum duration possible, then it is necessary to go for his obligatory Hajj otherwise wait for the next year.

Pilgrimage (ziaraat) of Madina

Pilgrimage of Medina is highly recommended act. Not going for the Pilgrimage of Prophet (SAWW), after completion of Hajj in Makkah, has been titled as “oppression (jafa)” in Hadith. Acceptance of Hajj is definitely related with this but it is not a part of the Hajj rituals.

The person who gets more days to stay in Madina, the more fortunate he is but there is no definite duration of days in Maktab-e-Ahl-e-Bait (AS). This Pilgrimage can be done in a single day as well as in more days.

Undoing The Capablity After Attaining

Undoing the conditions of Hajj after attaining them is prohibited.

Example 1

Once enough money has been gathered that is sufficient for obligatory Hajj at any time, spending that for any other purpose is prohibited.

Example 2

Likewise spending this money on leisure trip to any other country is prohibited.

Example 3

Giving such money, even for the performance of Hajj, to someone else for example giving it to parents so that they can perform Hajj, is prohibited.

Note (i): It is important to note that sending parents or someone else for Hajj is an important reward seeking act but it is only permitted once own obligatory Hajj has been performed.

Note (ii): Even then if parents or anyone else is sent before own obligatory Hajj, then their Hajj will stand correct but personal Hajj will remain obligatory in any case on the person sending them.

Question : Without performing a forbidden act (Haram), I want to send my mother for Hajj before my own Hajj. Is there any solution? Answer : If sufficient funds are not available currently then the solution is that let the funds do not gather later on as well.

Explanation of the solution

Suppose Rs 100,000 are required for Hajj then mother, father or anyone whom you want to send for Hajj, don’t give him/her Rs. 100,000 altogether.

Rather

As the amount gets accumulated, give this amount to them in installments. For example keep giving and hence making them owner of Rs 10,000 till 10 months. In this way they will get the sufficient funds and Hajj will become obligatory whereas funds will neither be accumulated at your end nor Hajj will become obligatory.

For hajj-e-badal or for those performing hajj in representation of anyone

Hajj that is performed on behalf of another person is called Hajj-e-Niyabati or Hajj-e-Badal. One performing Hajj as a representative is called Nayib. It is also permitted to take money for performing Hajj as a representative. A representative can also be sent for Hajj from one’s own city. A representative can also be sent for Hajj from any other country or even Saudi Arabia itself (e.g. from Madina). As obvious it will be less expensive but it is also permitted.

A male in representation of a female, similarly a female in representation of a male performing Hajj-e-Badal is absolutely correct. It is not necessary for a representative that he has already performed Hajj before. If in this year (in which he is going for Hajj-e-Badal), he is not obliged to perform his own Hajj then he can perform Hajj in representation.

NOTE: In view of Ayatullah Khoi:

If performing Hajj as a representative for such an alive male who is not able to perform his obligatory Hajj then as an obligatory precaution it is necessary for the representative that He: is male and (ii) has not done Hajj earlier

It is necessary for the representative that:

Is mature (is not an immature) Is sane (not an insane) Is Shia Ithna Asheri (not a non-momin) Has enough knowledge related to Hajj rules so that he can perform Hajj properly hence the responsibilities of that person can be fulfilled for whom he is acting as a representative. EXAMPLE: Must be able to perform ablution (wudu) and ghusl properly. Must be able to offer prayers (salat) correctly with proper pronunciation (qirat) of Arabic words. In few cases it is necessary in view of some Jurists that:

Explanation: If, for guidance, any Aalim-e-Deen is available to guide the representative for every act then this will also suffice.

He should intend for Niyabat. Means that he has the intention in heart that he is performing Hajj in representation of ABC. To speak intention words from tongue is not necessary. He must know that whom is he representing for Hajj.

Explanation: It is not necessary to know the name. Determine by any mean that whom he is representing for Hajj for e.g. determining by relation that Mr. so and so’s Hajj being performed.

He must be reliable. Means one is satisfied that he will perform Hajj.

Explanation: It is not necessary for the representative to be Just (Aadil). It is necessary for a representative not to be handicap.

For explanation consider this case: It is known for a person that he cannot perform Hajj completely like a normal person. It is possible that his Hajj will be considered as correct even with this deficiency. Example: It is known that he cannot attain the Wuqoof-e-Ikhtiari at Muzdalifa. Question : Can such a person become a representative (Nayib)? Answer : No Question : Can such a person be made a representative (Nayib)? Answer : No

Note: To understand the Wuqoof-e-Ikhtiari at Muzdalifa, see Manasik-e-Hajj.

Few more things related to representation (niyabat)

Hajj as a representative of an immature can be performed. Similarly Hajj as a representative of an insane can also be performed.

Representation of more than one person: In case of recommended Hajj, a representative can perform Hajj for more than one person. Usually it is not allowed in case of obligatory Hajj.

Few people representing a single person: In case of recommended Hajj, few people can perform Hajj as a representative of a single person. There is possibility of the same for obligatory Hajj as well but it has some details, to know that contact Ulema. It is essential for the one who has been appointed as representative to go for Hajj himself. Without permission, a representative can not transfer his Niyabat to someone else.

Recommended hajj

Question : It is known that Hajj is not obligatory for one who does not fulfill the conditions. Is it recommended? Answer : Yes. Case: I have performed my obligatory Hajj. Question : Is it recommended for me to perform Hajj in the later years? Answer : Yes Question : Is it recommended to go for Hajj every year? Answer : Yes it is recommended every year. It is undesirable not to go for Hajj for five years consecutively.

Few Other Desirables

While leaving Makkah

To intend to come for Hajj again is recommended. It has been mentioned as a reason for increase in age. Not to intend like this is an undesirable act and it has been mentioned as a reason for decrease in lifetime.

It is recommended to spend more during Hajj. If honor of performing Hajj is obtained as a result of serving others, then it is recommended to go for Hajj by offering services. To send others for Hajj is also recommended.

To gift the reward of a performed Hajj to any Momin is also permitted.

Praise be to Allah, the Sustainer of the worlds Our Lord! Accept from us this; verily You alone are the All-Hearing, the All-Knowing For the sake of Prophet Muhammad (SAWW) & His Noble Descendents (AS) And peace be upon Prophet Muhammad & his Progeny

Awaiting your comments & suggestions

Muhammad Raza Dawoodani

dawoodani@gmail.com www.dawoodani.com

Dear Reader, You are requested that if you get the privilege of performance of Hajj then you kindly remember those who assisted in the development of this booklet in your prayers at Khana-e-Kabah, Grave of Holy Prophet (SAWW), Graveyard of Jannat-ul-Baqi and at Plain of Arafat.