THE ISLAMIC LAW OF HAJJ | PART.2


THE ISLAMIC LAW OF HAJJ | PART.2


In the Name of God, The Most Beneficent, The Most Merciful.


الإمامُ عليٌّ (عَلَيهِ الّسَلامُ) ـ فيما أوصى عِند وفاتهِ ـ :اللّه‏َ اللّه‏َ في بَيتِ ربِّكمُ ، لا تُخْلوهُ ما بَقِيتُم ، فإنَّهُ إنْ تُرِكَ لَم تُناظَروا

Imam Ali (a.s.) said, in his will at the time of his demise, ‘I exhort you, by Allah, by Allah, to take care of the House of your Lord! Do not leave it empty for as long as you live, for if it is deserted you will be given no respite.’

[Nahjul Balaghah, Letter 47]


1. If the property of a person is destroyed in his country or during the journey, is it still obligatory upon the person to perform Hajj?

Answer: Just as it is necessary that there should be sufficient means to make the journey, so is it that there should be funds available for the completion of pilgrimage rituals. If the property of a person is destroyed in his country or during the journey, pilgrimage is not obligatory on them, as it is a manifestation that they are not financially able from the beginning. The same applies to the payment of a debt that becomes due, such as for, inadvertently, destroying the property of another person, and that it would not be possible to compensate the victim if the available funds were to be used for performing pilgrimage.

However, if a person deliberately destroys the property of another, the obligation to perform pilgrimage is not annulled. It remains a duty on their shoulders to be discharged. If they had a property which rendered them of those who have the means, and it was destroyed in their country, this will not be considered as a manifestation that they are not of means from the outset. The pilgrimage they performed will, therefore, count as an obligatory one.


2. Is it still obligatory for a person to perform Hajj, if he disposes his money to such an extent where cannot afford to perform the pilgrimage?

Answer: A person who has enough means was unaware of such fact; they may not be aware that it was obligatory on them to perform. Yet, they realized that after the money had been disposed of, in that they were no longer able to perform pilgrimage. If they had a reasonable excuse for their ignorance or unawareness, pilgrimage is not obligatory on them. Otherwise, it is apparent that it is, provided that the other conditions of pilgrimage are met.


3. Are the Means sufficient for pilgrimage established only by their acquisition?

Answer: Means sufficient for pilgrimage are established not only by their acquisition, but also if a sufficient amount is given away by way of gift to a person. It matters not in this regard whether the gift is from one person or a group of people, provided that it is adequate in total for the expenses of pilgrimage and maintaining the family. There is no difference in this respect between the donor making the property lawful for use, or settling it for the pilgrimage, and between making an outright gift of property or a provision to meet the expenses.


4. If a person inherits property, designated to be spent for obligatory pilgrimage, is it then obligatory upon the person to perform the pilgrimage?

Answer: If a person inherits property, designated to be spent for obligatory pilgrimage, it is mandatory on them to do so after the death of the testator, provided that the bequest is sufficient for the expenses of pilgrimage and maintaining the family, as explained in the preceding Rule. Similarly, if a person creates a waqf, makes a nadhr (vow), or a bequest for performing pilgrimage and the trustee, the person fulfilling the nadhr, or the executor makes the funds available to the beneficiary to perform an obligatory pilgrimage, it is mandatory on them to do so.


5. Is it obligatory for a person who acquires the means to perform pilgrimage by way of a gift, to return from the journey still enjoying a healthy financial situation?

Answer: It is not obligatory, for a person who acquires the means to perform pilgrimage by way of a gift, to be able to return from the journey still enjoying a healthy financial situation. However, if they worked during pilgrimage time and the earnings made thereof provide for their expenses for the entire year or part thereof, to the extent that they would not be able to meet the expenses necessary for their livelihood – should they accept the gift and depart for pilgrimage – they are not obliged to accept it, only if the gift covers their expenses.

If, however, the person has some means, which was subsidized by way of gift, to enable them to embark on pilgrimage, it is apparent that the criterion ‘of means’ – according to the definition discussed earlier – should be applied, in that performing pilgrimage becomes obligatory.


6. If a person makes a gift to another so that the latter makes the journey to perform an obligatory pilgrimage, is it incumbent on the recipient to accept the gift?

Answer: If a person makes a gift to another so that the latter makes the journey to perform an obligatory pilgrimage, it is incumbent on the recipient to accept the gift. However, if the donor gives the recipient the option of performing an obligatory pilgrimage or not, or makes the gift without mentioning the obligatory pilgrimage, expressly or implicitly, the recipient shall not be bound to accept the gift.


7. What happens if a person has a debt while having enough money to perform the pilgrimage?

Answer: The existence of a debt is not incompatible with having sufficient means acquired by way of a gift. However, if embarking on pilgrimage was contrary to settling the debt on time, be it prompt or on a later date, it is not obligatory to perform pilgrimage.


8. If a person donates property to a group of people so that one of them could perform pilgrimage and one of them comes forward to accept the gift, will it still be obligatory on the rest of the group to perform Hajj?

Answer: If a person donates property to a group of people so that one of them could perform pilgrimage and one of them comes forward to accept the gift, the remaining ones are absolved of the obligation. However, if all of them shun the proposed gift with the knowledge that any one of them could have taken possession of it, it is apparent that the obligation to perform pilgrimage is not binding on any one of them.


9. Is it obligatory to accept a gift to make an obligatory pilgrimage?

Answer: It is not obligatory to accept a gift to make an obligatory pilgrimage unless it can meet the expenses of the journey. If the payment is for Hajj-ut-Tamatu” but the gift is for Hajj-ul-Qiraan or Hajj-ul-Ifraad, it is not incumbent on the would-be recipient to accept it and vice versa. Similar is the position if the gift is for an obligatory pilgrimage and the beneficiary has already performed obligatory pilgrimage.

However, if he did not perform it when it was obligatory on him and his circumstances changed, in that he was offered a gift to perform an obligatory pilgrimage, he is duty-bound to accept the gift. Likewise, if there was a liability on him to perform a pilgrimage to fulfil a nadhr or like, but did not have the means to do so and was offered the gift to perform an obligatory pilgrimage, it is mandatory on him to accept it.


10. If a gift is made to a person to cover the expenditure of performing an obligatory pilgrimage and it gets destroyed on the way to pilgrimage, is it still obligatory upon the person to perform the pilgrimage?

Answer: If a gift is made to a person to cover the expenditure of performing an obligatory pilgrimage and it gets destroyed on the way to pilgrimage, the obligation lapses. However, if it is possible to continue with the journey with his own sources, it is obligatory on him to perform the pilgrimage which will be counted as part of Hajjatul Islam. The obligation, though, is conditional on the fulfilment of the criterion of ‘being of means’ right from the out bound journey.


11. If a person authorises another to obtain a loan to go to pilgrimage, is it obligatory on the latter to seek one?

Answer: If a person authorises another to obtain a loan to go to pilgrimage, it is not obligatory on the latter to seek one. However, if the would-be pilgrim received such a loan, it becomes obligatory on him to perform pilgrimage.


12. Should the cost of the sacrifice be borne by the donor?

Answer: Apparently, the cost of the sacrifice should be borne by the donor. Yet, there is ishkal (problem) in deciding whether it is obligatory on the recipient to perform the pilgrimage, if the donor does not pay for it, yet bearing the remainder of the expenses. The only exception can be if the beneficiary can afford to pay the price of the sacrifice with his own money.

However, if the purchase of the sacrificial animal by the beneficiary would cause him undue hardship, it is not obligatory to accept the gift. Obviously, any kaffarah that may be incurred during the pilgrimage is the exclusive responsibility of the beneficiary.


13. If an obligatory pilgrimage is performed with a gift given to the pilgrim, is it then valid to constitute Hajjatul Islam?

Answer: An obligatory pilgrimage performed with a gift given to the pilgrim is valid to constitute Hajjatul Islam and even if he acquires the means thereafter, he is not obliged to perform pilgrimage again.


14. Is it possible for a donor to withdraw his gift before or after the beneficiary assumes ihram?

Answer: It is possible for a donor to withdraw his gift before or after the beneficiary assumes ihram. However, if the donor withdraws it after the beneficiary enters into the state of ihram, it is ,most evidently, obligatory on the beneficiary to complete the pilgrimage, only without undue hardship; that is, even though he actually did not have the means. The donor should reimburse him with the expenses incurred.

And if the donor withdraws the gift while the beneficiary is en route to pilgrimage, he is responsible for bearing the expenses of the return journey.


15. If Zakah money, out of the portion of Sabeellilah (the way of Allah), is given to a person, is it then obligatory on the recipient to go to pilgrimage?

Answer: If Zakah money, out of the portion of Sabeellilah (the way of Allah), is given to a person, that the public interest be served, and the Mujtahid permits it, it shall, as a matter of precaution, be mandatory on the recipient to go to pilgrimage. If he was given the money from the share of Sadaat (descendants of the Prophet ‘s.a.w.’) or Zakah money from the share of the poor, on the condition that he should spend it on an obligatory pilgrimage, the condition is invalid, as it does not constitute availability of funds (istita’a) by way of gift.


16. If a person is given a gift to perform Hajjatul Islam and it later becomes known to him that it was unlawfully obtained by the donor, is the pilgrimage valid?

Answer: If a person is given a gift to perform Hajjatul Islam and it later becomes known to him that it was unlawfully obtained by the donor, the pilgrimage is not valid and the real owner is entitled to reclaim it from the donor or the beneficiary. If he claims it from the beneficiary and the latter was unaware as to the true ownership, he should revert to the donor; otherwise, he has no right to revert to him.


17. If a person, who does not satisfy the criterion of “availability of funds”, performs an optional pilgrimage for himself or for another person, either gratuitously or for a reward, will it be counted as a Hajjatul Islam?

Answer: If a person, who does not satisfy the criterion of “availability of funds”, performs an optional pilgrimage for himself or for another person, either gratuitously or for a reward, it shall not count as a Hajjatul Islam; it is, therefore, incumbent on him to perform it when he acquires the means.


18. If a person believes that he does not have the means for pilgrimage to be obligatory on him but performs it in obedience to the command of Allah, will his pilgrimage be valid?

Answer: If a person believes that he does not have the means for pilgrimage to be obligatory on him but performs it in obedience to the command of Allah intending it to be accepted and later learns that he was of means, his pilgrimage shall count as a valid one, i.e. there will be no need for a second pilgrimage.


19. If a married woman can afford the journey to perform Hajjatul Islam, must she seek permission from her husband?

Answer: If a married woman can afford the journey to perform Hajjatul Islam, she does not need to obtain the consent of her husband. By the same token, it is not permissible for the husband to prevent her from performing other types of obligatory pilgrimage. However, he can prevent her from leaving sooner than necessary, if there is sufficient time for pilgrimage. The same rule applies to a lady who has been granted a revocable divorce, if she is in iddah (waiting period).


20. Is it a condition for a lady, performing an obligatory pilgrimage to be accompanied by a male among her mahaarim?

Answer: It is not a condition for a lady, performing an obligatory pilgrimage, to be accompanied by a male, among her mahaarim, provided her safety is secured. If not, she must be accompanied by a trusted male even for a fee, should she afford it. Otherwise, pilgrimage is not obligatory on her.


21. If , for example, a person makes a nadhr to visit the shrine of Imam Hussain (a.s.) each year on the day of Arafat and subsequently acquires the means to make the journey to pilgrimage, must the person then perform the Hajj?

Answer: If , for example, a person makes a nadhr to visit the shrine of Imam Hussain (a.s.) each year on the day of Arafat and subsequently acquires the means to make the journey to pilgrimage, the nadhr lapses and he must perform the obligatory pilgrimage. This rule applies to every other vow that may hinder one from performing obligatory pilgrimage.


22. Must a person of means perform the obligatory pilgrimage personally?

Answer: A person of means must perform obligatory pilgrimage personally, if it is possible for him to do so. Someone else performing it for him, gratuitously or for payment, cannot be considered as a recompense.


23. If a person is ill, does he still have to perform Hajj personally?

Answer: If a person is liable to perform an obligatory pilgrimage but is unable to do so on health grounds, senility, infirmity, and other constraints, or performing it would cause him undue difficulty – beside the fact that there is no hope he would be able to perform it himself without pain – it is obligatory on him to appoint someone to perform it on his behalf. Such is the rule if he is wealthy, yet unable to embark on pilgrimage personally, or that to do so would cause him great difficulty. Once it becomes obligatory to appoint another person to perform pilgrimage for him, it must be done immediately, just as performing pilgrimage itself must not be delayed.


24. If a person sets out on a pilgrimage as on behalf of another who cannot do it himself for ill health and the mandator dies while the agent is performing the pilgrimage, will the pilgrimage of the agent be valid?

Answer: If a person sets out on a pilgrimage as on behalf of another who cannot do it himself for ill health and the mandator dies while the agent is performing the pilgrimage, the pilgrimage of the agent will be valid, although the pilgrimage had become obligatory on the mandator. If, per chance, the illness ceases before death, it is preferable that the pilgrimage be performed personally, as a matter of precaution. If the illness ceases after the agent has assumed ihram, it is obligatory on the mandator to perform the pilgrimage himself even though the agent must complete the ceremonies, as a matter of precaution.


25. If it is not possible for a person with a valid reason, preventing him from making the journey to pilgrimage, to appoint an agent to perform it on his behalf, will it still be obligatory upon him to perform the pilgrimage?

Answer: If it is not possible for a person with a valid reason, preventing him from making the journey to pilgrimage, to appoint an agent to perform it on his behalf, the obligation to perform the pilgrimage lapses. However, if the pilgrimage had become obligatory on him, it is mandatory to have it performed after his death. Moreover, if it was possible to appoint an agent and he did not do so until his death, it is obligatory to have the pilgrimage performed after his death.


26. If it becomes obligatory to appoint an agent but one does not, will the gratuitous performance by another person of a pilgrimage on his behalf discharge the obligation?

Answer: If it becomes obligatory to appoint an agent but one does not, the gratuitous performance, by another person, of a pilgrimage on his behalf does not discharge the obligation; it remains obligatory on him to send an agent, as a matter of precaution.


27. Is it obligatory to appoint an agent from the home country?

Answer: It is sufficient to appoint an agent from the Meqat; it is not necessary that he be sent from the home country.


28. If the pilgrimage becomes obligatory on a person and he dies after wearing ihram in Haram (the precinct of the Grand Mosque, Ka’ba), will he be deemed to have accomplished his pilgrimage?

Answer: If the pilgrimage becomes obligatory on a person and he dies after wearing ihram in Haram (the precinct of the Grand Mosque, Ka’ba) he will be deemed to have accomplished his pilgrimage. If he dies in the course of Umrat-ut-Tamatu’, he will be treated likewise i.e. there is no obligation to have it performed after his death.

However, if he dies before entering the Haram, it is obligatory to have the pilgrimage performed again in lieu qadha, even if the death occurs after wearing the ihram but before entry into the Haram, or even after the entry, if he did so without ihram. This rule is confined to Hajjatul Islam and does not apply to other types of pilgrimage which have become obligatory, by virtue of, for example, a vow or for deliberately invalidating an obligatory pilgrimage (ifsad). Nor has it any application to Umrat-ul-Mufradah.

Whoever dies after wearing ihram in the Haram, as is required for performing pilgrimage, there is no doubt that he will be deemed to have performed Hajjatul Islam. If, however, he dies before then, it is clear that pilgrimage would have to be performed again for him by way of qadha.


29. Is it obligatory on a non-believer to perform the pilgrimage?

Answer: It is obligatory on a non-believer, who has the means, to perform a pilgrimage, even though it will not be accepted from him so long as he remains a non-believer. However, if he loses the means before he converts to Islam, pilgrimage is not obligatory on him.


30. Is pilgrimage obligatory on an apostate?

Answer: Pilgrimage is obligatory on a Muslim who becomes apostate, but its performance, in apostasy, is not in order. However, if he repents, it becomes valid, albeit the apostasy is innate, as a matter of preferred judgement (alal aqwa).


31. If a non-Shia Muslim performs an obligatory pilgrimage and then becomes a Shia, is it obligatory on him to perform the pilgrimage afresh?

Answer: If a non-Shia Muslim performs an obligatory pilgrimage and then becomes a Shia, it is not obligatory on him to perform pilgrimage afresh. This being so, provided he had performed it in accordance with the rules of the faith he then held, or it was performed in accordance with our faith, and closeness to Allah in performing pilgrimage was paramount in his mind.


32. If pilgrimage becomes obligatory on a person, but he deliberately delayed performing it, so much so that he can no longer afford the journey, is it still obligatory upon him to perform the pilgrimage?

Answer: If pilgrimage becomes obligatory on a person, but he deliberately delayed performing it, so much so that he can no longer afford the journey, it is obligatory on him to perform it by any means possible. However, if he dies, pilgrimage must be performed by way of qadha, from his estate. Should someone perform it for him gratuitously, after his death, it is in order.


Peace and Blessings be upon Prophet Muhammad (saw) and His Progeny (as)


| Ayatollah Sayyed Ali As-As-Sistani and Amir Zabidi


Further reading


https://www.al-islam.org/mizan-al-hikmah-scale-wisdom/pilgrimage-hajj

https://www.al-islam.org/hajj-rituals-ayatullah-ali-al-husayni-al-sistani/conditions-which-make-hajjatul-islam-obligatory


THE ISLAMIC LAW OF HAJJ | PART.2

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