2044. Hajj (pilgrimage) means visiting the House of Allah Ka'bah and also performing all those ceremonies which have been ordered to be performed there. It is obligatory on a person once in his lifetime, provided that he fulfills the following conditions:
i. He should be adult.
ii. He should be sane and free (i.e. he should not be insane and should not be the slave of another person).
iii. On account of proceeding to Makkah for Hajj he should not be obliged to do an act which it is better to avoid than to perform Hajj or may not forsake an obligatory task which may be more important than Hajj.
iv. He should possess means to perform Hajj and this depends upon number of factors viz:
(a) He should possess provisions for the journey.
(b) He should be healthy and strong enough to go to Makkah and perform Hajj.
(c) There should be no obstacle on the way to Makkah. If the road is closed, or if a person fears that he will lose his life or honor while on his way to Makkah, or he will be deprived of his property, it is not obligatory on him to perform Hajj. In case, however, he can reach Makkah by another route, he should go to perform Hajj, even though the other route is a longer one.
(d) He should have enough time to reach Makkah and to perform all the ceremonies in connection with Hajj.
(e) He should possess sufficient means to meet the expenses of those whose maintenance is obligatory on him as well as the expenses of those whom people consider it necessary for him to meet e.g. servants, maids, etc.
(f) On return from Hajj he should possess some means of livelihood (e.g. farming, business, service etc.) so that he may not be constrained to lead a hard life.
2045. When the need of a person is not met without a personal house, performance of Hajj becomes obligatory on him when he also possesses money for the house.
2046. If a woman can go to Makkah but does not possess any property on her return and if, for example, her husband is also poor and does not provide her subsistence and she is obliged to lead a hard life, performing of Hajj is not obligatory on her.
2047. If a person does not possess provision for the journey and means of transport and another person asks him to go for Hajj and undertakes to meet his expenses as well as his family members during his Hajj journey, and he (i.e. the person who is asked to go for Hajj) is satisfied with what the other man says, performance of Hajj becomes obligatory on him.
2048. If a person is given the expenses of his going to and returning from Makkah as well as the expenses of his family during that period subject to the condition that he should perform Hajj and he accepts this condition, the performance of Hajj becomes obligatory on him even though he may be indebted and may not also possess property with which to lead his life after his return.
2049. If a person is given expenses of going to and returning from Makkah and the expenses of his family during that period and ask him to go for Hajj, but does not give the same in his possession, performance of Hajj becomes obligatory on him.
2050. If a person is given a quantity of expenses sufficient for Hajj and a condition is imposed that on his way to Makkah he will do service to the person, who gives him the expenses, performance of Hajj does not become obligatory on him.
2051. If a person is given some property as a consequence of which performance of Hajj becomes obligatory on him, and he does perform Hajj, another Hajj does not become obligatory on him if he acquires property of his own afterwards.
2052. If a person goes, for example, to Jeddah in connection with trade, and acquires sufficient property to go to Makkah, he should perform Hajj. And in case he performs Hajj, performance of another Hajj is not obligatory on him, although he may later acquire enough property to enable him to go to Makkah from his hometown.
2053. If a person is hired to perform Hajj on behalf of another person, and in case he cannot go for Hajj himself and wishes to send someone else, he should take permission in this behalf from the person, who has hired him.
2054. If a person can afford to perform Hajj but does not perform it, and then becomes poor, he should perform Hajj afterwards even though it may be hard for him. And if he is not at all able to go for Hajj, and if another person hires him for Hajj, he should go to Makkah and perform Hajj on behalf of the person, who has hired him. He should then remain in Makkah for a year and perform his own Hajj. However, if it is possible that he may be hired and may obtain his wages in cash, and the person who hires him agrees that he may perform Hajj on his behalf next year he should perform his own Hajj in the first year, and that on behalf of the person, who has hired him, in the second year.
2055. If a person goes to Makkah in the year in which he can afford to perform Hajj but cannot reach 'Arafaat and Mash'arul Haram at the prescribed time, and cannot afford to go for Hajj during the succeeding years. Hajj is not obligatory on him. However, it he could afford to go for Hajj in the earlier years and did not go, he should perform Hajj although it may be hard for him.
2056. If a person does not perform Hajj in the year, in which he can afford to go for Hajj, and cannot perform Hajj thereafter, owing to old age, or ailment, or weakness, and loses hope that in.future he will be able to perform Hajj in person, he should send someone else to perform Hajj on his behalf.
Rather, even if he does not lose hope, the obligatory precaution is that he should hire a person, and in case he gains strength afterwards he should perform Hajj himself also. And the position is the same if in a certain year, he acquires sufficient means to go for Hajj and cannot perform Hajj on account of old age, ailment or weakness and loses hope of gaining strength. In all these cases however a man should, on the basis of obligatory precaution, depute such a person as is going to perform Hajj for the first time.
2057. A person who has been hired by another person to perform Hajj should also perform Tawaf un Nisa on his behalf failing which his wife (i.e. the wife of the hired person) becomes unlawful for him.
2058. If a person does not perform Tawaf un Nisa correctly, or forgets to perform it, and if he remembers it after a few days and returns from the way and performs it, his action is in order. And if his returning from the way is hard for him, he can depute another person to perform the tawaf on his behalf.