يَجِبُ الْحَجُّ وَالعُمْرَةُ مَرَّةً فِي الْعُمُرِ، عَلَى الْمُسْلِمِ،
The Book of Hajj
and 'Umrah
كِتَابُ الْحَجِّ وَالعُمْرَةُ
The Book of Hajj and 'Umrah
[Conditions of Obligation]
592. Wisdoms of Hajj
The worship of Allah (ST) and complete submission to His commandments: those that we comprehend and those that we may not.
The remembrance of Allah (ST), which provides immense spiritual energy and rejuvenation, particularly after a period of complete immersion.
The remembrance of the hereafter and of the day when we will be resurrected from the graves naked, without any of the worldly possessions that we left behind.
Training in endurance for the sake of Allah the Almighty, by leaving one’s homeland, family, wealth, and so on.
The gathering of the Muslims has many benefits, including: .Strengthening the bonds of brotherhood across the various nationalities, races, tongues, and geographic locations.
.Learning about the conditions of the Muslims elsewhere, especially in the past, when there were limited means of communication.
.The spread of knowledge, whether religious or otherwise, throughout Muslim lands. The obligation of Hajj is a matter of consensus. Allah (ST) says:
{…Pilgrimage to the House is a duty men owe to Allah; those who can afford the journey…} (Âl Imrân 3: 97)
وَلِلَّهِ عَلَى النَّاسِ حِجُّ الْبَيْتِ مَنِ اسْتَطَاعَ إِلَيْهِ سَبِيلً
593. Obligation of ‘Umrah
(A) + (+S): Mandatory.
(-H, -M, -t): Recommended.
The Prophet (SA) said:
lifetime if he can afford the means to do it.
الْعَاقِلِ، الْبَالِغِ، الْحُرِّ، إِذَا اسْتَطَاعَ إِلَيْهِ سَبِيْلاً.
Affording it means that he has sustenance, a mount, and what is necessary for them 594 that would suit
وَالاِسْتِطَاعَةُ أَنْ يَجِدَ زَادًا، وَرَاحِلَةً بِآلَتِهِمَا، مِمَّا يَصْلُحُ لِمِثْلِهِ، فَاضِلاً عَمَّا
“There is atonement for sins committed in the span of time between one ‘umrah and the next, and the reward for an accepted Hajj is none other than paradise.” (Ag – from Abu Hurayrah)
الْعُمْرَةُ إلى الْعُمْرَةِ كَفَّارَةٌ لِمَا بَيْنَهُمَا وَالْحَجُّ الْمَبْرُورُ ليس له جَزَاءٌ إلا الْجَنَّةُ.
Hence, the reward of ‘umrah is great, and it would be a great loss not to gain it. However, there is considerable disagreement over its obligation. The proof for its obligation is that Allah (ST) said:
{And complete the Hajj and ‘umrah for the sake of Allah.} (al-Baqarah 2: 196)
وَأَتِمُّوا الْحَجَّ وَالْعُمْرَةَ لِلَّهِ
When the Prophet (SA) was asked if jihad (struggle or striving in the cause of Allah) was mandatory for women, he replied:
“Yes, there is a type of non-combative jihad for them: Hajj and ‘umrah.” (A – from ‘Â’ishah. al-Mundhiri:Auth)
نعم عَلَيْهِنَّ جِهَادٌ لَا قِتَالَ فيه الْحَجُّ وَالْعُمْرَةُ.
(-H, -M) argued that the verse is about the obligation of continuing the rituals once started. They also argued that the hadith is not decisive in its implication. The evidence that ‘umrah is not mandatory is the following hadith in which a man asked the Prophet (SA) whether ‘umrah was mandatory. The Messenger of Allah (SA) replied:
“No, but if you make ‘umrah, it is better for you.” (T – from Jâbir)
لَا وَأَنْ تَعْتَمِرَ خَيْرٌ لَكَ .
The hadith would have been decisive in settling the disagreement if it met two conditions: being sound and not abrogated. It is weak, though, according to most scholars, including az-Zayla‘i al-Ḥanafi (may Allah have mercy on all of them).
594. What is necessary for the mount is a saddle and so on, and what is necessary for food is the utensils for cooking and so on. The scholars also added physical capacity and safety on the road.
[Condition of a Maḥram for Women] 597
For a woman to be considered able to go, she must have a maḥram with her. This is 598
وَيُعْتَبَرُ لِلْمَرْأَةِ وُجُوْدُ مَحْرَمِهَا، وَهُوَ زَوْجُهَا
595. Debts and Hajj
Any debts should be paid off before embarking on Hajj. If one has debts that are due, he cannot pay them off and also make Hajj, and he cannot get permission from the lender to make Hajj before paying off the debt, then he is prevented from performing Hajj. If the journey will not last past the due date, the creditor cannot prevent the debtor from traveling. This is the stronger of the two positions within the Ḥanbali madh-hab. The other position may be stronger if the travel is risky; in such a case, the creditor may have the right to ask for a security (rahn) or guarantor of appearance (kafeel) before the debtor departs.
596. Ability
The phrase used in Arabic is ‘alâ ad-dawâm, which means forever. In this context, it does not mean that the individual must sell his or her house or business to go to Hajj, because he will always need them. He also has to leave enough for his family’s sustenance until he returns. Physical ability and safety of the road were not mentioned here, but they are also considered. (A) + (+S): Those who have the financial means to make Hajj but are not physically able to do so must send someone on their behalf.
(-H, -M): They are not required to do so because they are not addressed by the obligation of Hajj to begin with.
597. image
598. The Requirement of the Maḥram in Hajj for Women
This is the opinion of (A) + (+H).
(-M, -S): It is not required. It is important to stress that the scholars who require the maḥram maintain that if the woman does not find someone after intending to perform Hajj, she will be given the full reward of the worship due to her intention, and the duty of Hajj is removed from her.
The Prophet (SA) said about the Companions who stayed back in Madinah and did not go out to Tabook, “In Madinah, there are some people who shared the reward with you whenever you marched or traversed a valley.” The Companions said, “O Messenger of Allah, but they were in Madinah.” He said, “They were in Madinah because some excuse kept them back.” (B – from Anas)
إنَّ بالمَدينَة أقوامًا، ما سِرتم مسِيرًا، ولا قَطَعتُم وادِيًا إلا كانوا معكم. قالوا: يا رسول الله، وهم بالمَدِينَة؟ قال: وهم بالمَدينَة، حَبَسَهم العُذر
The reason behind the requirement for a maḥram is the following report:
The Prophet (SA) said, “No man should be alone with a woman unless her maḥram is present, and no woman should travel unless she has a maḥram with her.” A man stood up and said, “O Messenger of Allah, my wife has gone out for Hajj, and I have enlisted for such and such a campaign.” The Prophet (SA) said, “Go and perform Hajj with your wife.” (B – from Ibn ‘Abbâs)
عن ابن عباس أنه سمع النبي يقول: «لَا يخْلُوَنَّ رَجُلٌ بِامْرَأةٍ إلَّا وَمَعَهَا ذُو مَحْرَمٍ، وَلَا تُسَافِر امْرَأَةٌ إلَّا مَعَ ذِي مَحْرَمٍ»، فقام رجل فقال: يا رسول الله إن امرأتي خرجت حاجة، وإني اكتتبت في غزوة كذا وكذا، قال: «انْطَلِقْ فَحُجَّ مَعَ امْرَأَتِكْ».
The scholars who allowed going to Hajj without a maḥram said that the Prophet (SA) told him to go with her, but he did not blame her. They argue that in another hadith, he informed them about the level of security that will prevail in the Arabian Peninsula, saying:
“If you live long enough, you will see a lone woman traveler leaving from al-Ḥeerah until she reaches the Kaaba, fearing none but Allah.” (B – from ‘Adiy ibn Ḥâtim)
«فَإِنْ طَالَتْ بِكَ الحَيَاةُ، لَتَرَيَنَّ الظَّعِينَةَ تَرْتَحِلُ مِنَ الحِيرَةِ، حَتَّى تَطُوفَ بِالكَعْبَةِ لَا تَخَافُ أَحَدَاً إِلَّا الله».
Thus, they say that if security is assured, she may go in the company of trustworthy persons.
As for one who neglects it until he dies, enough money to perform one Hajj and one ‘umrah [to be done on his behalf] should be taken out of his estate. 602
فَمَنْ فَرَّطَ حَتَّى مَاتَ، أُخْرِجَ عَنْهُ مِنْ مَالِهِ، حَجَّةٌ وَعُمْرَةٌ.
599. This is to exclude the temporarily non-marriageable men, such as the husbands of her sisters or aunts.
600. This is to exclude the ones that are non-marriageable because of an ambiguous or controversial marriage or relationship, such as the daughter of a woman with whom one had illicit sex or an ambiguous marriage.
601. Besides kinship, the permissible reasons include breastfeeding and marriage. For example, a man’s mother-in-law is his maḥram, even though she is not from his kin. Also, after public imprecation (when a man swears, invoking the wrath of Allah if he is lying, that his wife’s child is not his), the wife becomes impermissible for him to remarry, forever, but the accusing husband does not have the status of a maḥram.
602. This is the position of (A) + (+S), for it is a debt that is owed by the deceased to Allah the Almighty, as noted in the following hadith:
“A woman came to the Messenger of Allah (SA) and said, ‘O Messenger of Allah, my mother vowed to perform Hajj but did not, and then she died. Should I perform Hajj on her behalf?’ The Messenger of Allah said, ‘Yes, perform Hajj on behalf of your mother. What would you think if your mother had owed a debt? Would you have paid it off?’ She said yes. He said, ‘So pay Allah off, for He is more worthy of having commitments to Him fulfilled.’” (B – from Ibn ‘Abbâs)
جاءت امرأةً إلى رسول الله فقالت: يا رسول الله إن أمي نَذَرَت أن تَحُجَّ فلم تحج حتى ماتت أفَأحُجُّ عنها؟ قال رسول الله: نعم حُجِّي عن أمك، أريتِ لو كان على أُمك دين أكنتِ قَاضِيَتَه؟ قالت: نعم، فقال: فاقْضُوا الله فالله أحق بالوفاء.
[Conditions of Validity]
Hajj is not valid from a disbeliever or an insane person. 603 It is valid from a child and a slave, but this does not exempt either of them from their obligation to perform it later. 604
وَلاَ يَصِحُّ الْحَجَّ مِنْ كَافِرٍ، وَلاَ مَجْنُوْنٍ، وَيَصِحُّ مِنَ الصَّبِيِّ، وَالْعَبْدِ، وَلاَ يُجْزِئُهُمَا. وَيَصِحُّ مِنْ غَيْرِ
(-H, -M): It would not be binding to take out money from his estate to send someone to Hajj on his behalf. They argued that it is a bodily act of worship, like the prayers, so would drop upon death.
603. The Insane and the Disbeliever
Hajj is neither mandatory on, nor accepted from, the insane. This is the case with the disbeliever as well, with some disagreement over whether the detailed injunctions of Islam apply to disbelievers. What is not controversial, though, is that we do not force disbelievers to abide by them.
604. The Slave and the Child
It is agreed that Hajj is not mandatory for a slave or a child, but according to (A) + (+h, +M, +S), it is accepted from them. However, this still does not exempt them from the mandatory Hajj of Islam, based on the statement of the Prophet (SA):
“Any child who performs Hajj and then reaches puberty must perform another Hajj, and any slave who performs Hajj and is then freed has to perform another Hajj.” (Ba, Ṭab – from Ibn ‘Abbâs. Ibn al-Mulaqqin, al-Albâni:S) Al-Bayhaqi graded as sound the report that stops at Ibn ‘Abbâs.
أيما صَبِيٍ حَجَّ ثم بَلَغَ الحِنْث فعليه أن يَحُج حَجَّةً أُخرى، وأيما عبدٍ حج ثم أُعْتِقَ فعليه أن يَحُجَّ حَجَّةً أُخْرَى.
It is valid for the one who cannot afford it and the woman who does not have a maḥram. 605
الْمُسْتَطِيْعِ وَالْمَرْأَةِ بِغَيْرِ مَحْرَمٍ.
As for someone who performs Hajj on behalf of someone else when he has not yet performed it for himself, or performs Hajj to fulfill a vow, or performs a voluntary Hajj before performing the mandatory Hajj of Islam, this will count as the mandatory Hajj [that he is obliged to do himself] and will not count for anyone else. 606
وَمَنْ حَجَّ عَنْ غَيْرِهِ، وَلَمْ يَكُنْ حَجَّ عَنْ نَفْسِهِ، أَوْ عَنْ نَذْرِهِ أَوْ نَفْلِهِ، وَفَعَلَهُ قَبْلَ حَجَّةِ الإِسْلاَمِ، وَقَعَ حَجُّهُ عَنْ فَرْضِ نَفْسِهِ، دُوْنَ غَيْرهِ.
605. Valid here means not only that it is accepted, as in the case of the child, but also that it counts as the mandatory Hajj. This is despite it being a sin, according to (A), for the woman to travel to Hajj without a maḥram.
606. That is the position of (A) + (+S), and it is based on the following report:
“The Messenger of Allah (SA) heard a man saying, ‘Here I am [intending Hajj, O Lord] on behalf of Shubrumah.’ The Prophet (SA) asked, ‘Who is Shubrumah?’ The man said, ‘A brother – or relative – of mine.’ The Prophet (SA) asked, ‘Have you performed Hajj for yourself?’ The man answered, ‘No.’ The Prophet (SA) said, ‘Perform Hajj for yourself first, and then for Shubrumah.’” (D – from Ibn ‘Abbâs. D:Auth)
سمع رسول الله رجلاً يقول: لبيك عن شبرمه فقال رسول الله: ومن شبرمه؟ قال: أخٌ أو قريبٌ لي، قال: هل حججت عن نفسك؟ قال: لا، قال: حج عن نفسك ثم حج عن شبرمه.
The hadith makes it clear to (A) + (+S) that a person must do his or her own Hajj first, but it is not clear if this becomes the mandatory Hajj by default, even if that is not what was intended. In some reports, however, the Prophet (SA) said:
“This will count for you, and you should then make Hajj on behalf of Shubrumah.” (Ba. Ba:S chain)
«هَذِهِ عَنْكَ ثُمَّ حُجَّ عَنْ شُبْرُمَةَ».
(a) + (-H, -M): One who has not made the mandatory Hajj may still make Hajj on behalf of someone else. Sufyân ath-Thawri said that one who cannot afford to make Hajj may be commissioned by someone else to make Hajj on behalf of that person. This middle position makes it possible for poor people to visit the holy places.