The conditions that make Hajj obligatory

Obligation of Hajj

Ability means that a Muslim is free, sane, an adult, physically capable, and possesses sufficient provisions and means of transport beyond basic needs—whether at the time of the months of Hajj or while setting out from their homeland—provided the route is safe. Thus, Hajj is not obligatory upon slaves, the insane, the intellectually impaired, and minors. Hence, if a boy performs Hajj before reaching adulthood or a slave performs it before being freed, even with the permission of their master, the obligatory Hajj will not be discharged from their responsibility. Instead, they will be required to perform another Hajj after attaining adulthood and freedom, provided they meet the condition of ability. The first Hajj in this case will count as a supererogatory act of worship.

Similarly, Hajj is not obligatory, according to Imam Abu Hanifah, for the crippled, the lame, the blind, those who are incapacitated, paralysed, or severely ill, or the very elderly who cannot sit on a mount by themselves without great difficulty. For such individuals, Hajj is also not obligatory on their wealth for them to assign someone else to perform Hajj on their behalf or to make a will to that effect before death. However, according to the two disciples (Imam Abu Yusuf and Imam Muhammad), Hajj is obligatory on their wealth, and it is incumbent upon them to arrange for someone to perform Hajj on their behalf.

The meaning of being capable of affording transport is that the individual either owns the means of transport themselves or can afford to hire it. Thus, ability to afford transport does not include borrowed or gratuitously provided transportation.

Being capable of affording provisions beyond basic needs means that the individual can cover the cost of the journey after paying off their debts (even if it includes the mahr of their wife), ensuring household expenses, and the maintenance of family members and servants, as well as arranging household essentials, and securing sufficient funds for the round-trip to cover food, drink, transportation, and other necessities.

Thus, if a person owns property beyond their occupied residence which they rent out, or possesses clothing or religious books beyond their immediate need, or keeps books on medicine and astronomy, etc., in excess of their necessity, or has slaves or servants who are not engaged in service, then it becomes obligatory for them to sell these items and perform Hajj.

Similarly, if a person does not own a house or slaves but possesses enough cash to either perform Hajj or purchase a house with its furnishing, then, in this case as well, Hajj becomes obligatory upon them.

It is preferable to perform Hajj while riding, so that one retains strength for fulfilling the rites of Hajj properly. [If someone argues that a Hadith states, “The one who walks has superiority over the one who rides, just as the Night of Qadr has superiority over the other nights,” indicating that walking for Hajj is better, the response is that this Hadith and other similar ones are concerning the people of Makkah and its neighbouring areas, as there is no likelihood of weakness arising from walking in their case.] However, if someone, despite having the means, opts to walk, it is still permissible, and walking at night is especially preferable, particularly in the lands of Arabia. According to Imam Malik (May Allah's mercy be upon him), the condition of ability does not require being capable of riding; health and the ability to walk are sufficient.

For those residing within a distance less than three days’ travel from Makkah, riding is not a condition if they can walk, although provisions for the journey are necessary. Hence, those who embark on Hajj by begging for their sustenance and transportation from far-off places behave improperly, as they resort to begging to accomplish a voluntary act and often neglect other fundamental obligations of the religion. This is despite the fact that Salah holds a higher rank than Hajj.

It is narrated that a man once asked Imam Ahmad bin Hanbal (May Allah's mercy be upon him) about his intention to perform Hajj relying solely on trust in Allah without carrying provisions. Imam Ahmad replied, “Alright, but go alone; do not join a caravan.” The man said, “I cannot travel alone.” Imam Ahmad said, “Then you are not relying on Allah; you are depending on the resources of the caravan.”

Similarly, when Hazrat Shibli (May Allah's mercy be upon him) set out for Hajj, some beggars from Ray came to him and said, “We, too, will join you for Hajj, relying upon Allah.” He replied, “Alright, on the condition that you do not carry provisions, do not beg, and do not accept anything if offered.” They expressed difficulty complying with the third condition. Hazrat Shibli said, “Your reliance is not on Allah; it is on the provisions of people.”

In Sahih al-Bukhari, Abdullah bin Abbas (May Allah be pleased with both of them) narrates that the people of Yemen would come for Hajj without provisions, calling themselves reliant upon Allah, yet they would trouble the pilgrims who had resources. For them, Allah Almighty revealed the verse:

وَ تَزَوَّدُوا فَإِنَّ خَيْرَ الزَّادِ التَّقْوٰى

“And take provision, for indeed the best provision is piety.”(Al-Baqarah, Ayah 197)

Taking provisions for Hajj refers to resources for sustenance and transportation according to one's usual habits. For instance, if a person typically eats meat and not lentils, and they are unable to afford meat, they are not considered capable. The same reasoning applies to transportation.

A secure route means that safety is predominant, even though an occasional incident might occur to someone. This applies equally to land and sea, and this is the position for issuing a legal ruling, as mentioned in al-Durr al-Mukhtar, al-Burhan, Qadiyah, and al-Fatawa al-Alamgiriyah.

When asked about the fear of the Qarmatians, who resided in the wilderness, and whether Hajj is waived due to such fear, Faqih Karakhi stated, “The wilderness itself is not devoid of hardships, such as scarcity of water, extreme heat, and scorching winds.” In such cases, ability is not nullified due to the potential for such hardships. As for Abu Bakr al-Askaf issuing a fatwa of non-obligation for Hajj in 326 AH, it was because of the prevalence of looting and highway robbery during that period.

It is stated in al-Burhan that if the probabilities of safety and danger are equal, it is still not considered a safe route.

These conditions are for men. For women, even elderly ones, there are two additional conditions:

She must not be in her waiting period.

Her husband or a male relative (mahram) who cannot marry her under any circumstances due to lineage, breastfeeding, or in-laws must accompany her without compulsion, regardless of whether the mahram is a Muslim or a disbeliever, a slave, or a free man.

The provision and transportation of the mahram are obligatory upon the woman [according to the more famous narration; however, the more accurate opinion is that it is not obligatory. Thus mentioned in Mustata’ ibn al-Imad.].

After fulfilling the condition of ability, the husband's permission is not necessary. However, this is required when the distance to Makkah is less than a three-day journey. If the journey is less than three days, it is permissible for a woman to travel alone without the need for a mahram. This is the dominant narration. However, according to another narration of Imam Abu Hanifah and Imam Abu Yusuf (May Allah’s mercy be upon both), even a one-day journey without her husband or a mahram is not permissible for a woman.

Mulla Ali Qari writes in Sharh Mansik that due to the corruption of the current times, the ruling should be issued according to this narration. According to Imam Shafi’i and Imam Malik (May Allah’s mercy be upon both), the presence of pious women with righteous men can serve as a substitute for the husband or mahram, and the husband’s permission is also a condition.