Hajj Full Introduction
How To Perfome Hajj
The Hajj—the Pilgrimage to Mecca—is essentially a series
of rites performed in and near Mecca, the holiest of the three holy
cities of Islam—Mecca, Medina and Jerusalem. As it is one of the five
pillars of Islam—that is, one of five basic requirements to be a
Muslim—all believers, if they can afford it and are healthy enough, must
make this Pilgrimage at least once in their life.
The Hajj must be made between the eighth and the 13th days of the 12th month (called Dhu al-Hijjah) of the Muslim lunar year.
Donning the Ihram
In a general sense, the Pilgrimage begins with the donning of the Ihram,
a white seamless garment reminiscent of the robes worn by the Patriarch
Abraham (the same Abraham known to Jews and Christians from the Bible)
and Muhammad, the Prophet of Islam. The Ihram is also a symbol of
the pilgrims' search for purity and their renunciation of mundane
pleasures. For men this garment consists of two lengths of white
material, one covering the body from waist to ankle, the other thrown
over the shoulder. For women it is customarily—but not necessarily—a
simple white gown and a headcovering without a veil.
At the moment of donning the Ihram the pilgrims
enter a state of grace and purity in which they may not wear jewelry or
other personal adornment, engage in any disputes, commit any violent
acts or indulge in sexual relations.
Uttering the Talbiyah
In donning the Ihram the pilgrims also make a formal Declaration of Pilgrimage and pronounce a devotional utterance called the Talbiyah:
"Doubly at Thy service, O God," a phrase which they will repeat
frequently during the Pilgrimage as an indication that they have
responded to God's call to make the Pilgrimage.
Entering the Haram
After donning the Ihram—and only after—the pilgrims may enter the Haram, or Sanctuary (1 on map). In a sense, the Haram
is merely a geographical area which surrounds Mecca. But because its
frontiers were established by Abraham and confirmed by Muhammad, the Haram
is considered a sacred precinct within which man, undomesticated
plants, birds and beasts need fear no molestation, as all violence, even
the plucking of a wild flower, is forbidden.
For the duration of the Hajj, Mecca and the Sanctuary that surrounds it have a special status. To cross the frontiers of the Haram—which
lie outside Mecca between three and 18 miles from the Ka'bah—pilgrims
from outside Saudi Arabia must now have a special Hajj visa in their
passports. The visa must be stamped by immigration officials stationed
at various check points on roads leading into the Haram and it entitles pilgrims to travel only within the Haram and to certain other places that pilgrims must, or customarily do, visit. Non-Muslims are strictly forbidden to enter the Haram under any circumstances.
Going to Mina
On the eighth day of Dhu al-Hijjah the assembled
pilgrims begin the Hajj by going—some by foot, most by bus, truck and
car—to Mina (2 on map), a small uninhabited village five miles east of
Mecca, and there spend the night—as the Prophet himself did on his
Farewell Pilgrimage—meditating and praying in preparation for "the
Standing" (Wuquf), which will occur the next day and which is the central rite of the Hajj.
Standing at Arafat
On the morning of the ninth, the pilgrims move en masse
from Mina to the Plain of 'Arafat (3 on map) for "the Standing," the
culmination—but not the end—of the Pilgrimage. In what is a basically
simple ceremony the pilgrims gather on the plain and, facing Mecca,
meditate and pray. Some pilgrims literally stand the entire time—from
shortly before noon to just before sunset—but, despite the name of the
ceremony, are not required to do so. Pilgrims may, and most do, sit,
talk, eat, and, although not required to do so, climb to the summit of a
200-foot hill called the Mount of Mercy (Jabal al-Rahmah) at the bottom
of which Muhammad delivered his Farewell Sermon during his Pilgrimage.
Going to Muzdalifah
Just after sunset, which is signalled by cannon fire,
the pilgrims gathered at 'Arafat immediately proceed en masse to a place
called Muzdalifah (4 on map) a few miles back toward Mina. There,
traditionally, the pilgrims worship and sleep under the stars after
gathering a number of pebbles for use during the rites on the following
days. Some gather 49 pebbles, others 70, and still others wait until
they get to Mina.
Stoning the Pillars
Before daybreak on the 10th, again roused by cannon, the
pilgrims continue their return to Mina (5 on map). There they throw
seven of the stones which they collected at Muzdalifah at one of three
whitewashed, rectangular masonry pillars. The particular pillar which
they stone on this occasion is generally thought to represent "the Great
Devil"—that is, Satan, who three times tried to persuade Abraham to
disobey God's command to Abraham to sacrifice his son—and the throwing
of the pebbles symbolizes the pilgrims' repudiation of evil.
Performing the Sacrifice
Now begins the greatest feast of Islam: the 'Id al-Adha
—the Feast of Sacrifice. After the throwing of the seven stones the
pilgrims, who can afford it buy a sheep, a goat or a share of some other
sacrificial animal, sacrifice it and give away a portion of the meat to
the poor. The Sacrifice has several meanings: it commemorates Abraham's
willingness to sacrifice his son; it symbolizes the believer's
preparedness to give up what is dearest to him; it marks the Muslim
renunciation of idolatrous sacrifice; it offers thanksgiving to God; and
it reminds the pilgrim to share his blessings with those less
fortunate. But as Muslims everywhere are the same day performing an
identical sacrifice—and thus vicariously sharing in the elation of the
pilgrims in Mecca—the Sacrifice is also an integral part of a worldwide
Muslim celebration that unites those on the Hajj with those elsewhere.
Doffing the Ihram
As the pilgrims have now completed a major part of the
Hajj, men shave their heads or clip their hair and women cut off a
symbolic lock to mark partial deconsecration. At this point the pilgrims
may remove the Ihram, bathe and put on clean clothes, but
although the period of consecration is now at an end, the prohibitions
against intercourse still obtain, for the Pilgrimage is not yet over.
Making the Tawaf
The pilgrims now proceed directly to Mecca and the
Sacred Mosque (6 on map), which encloses the Ka'bah, and, on a huge
marble-floored oval, perform "the Circling" (Tawaf). The Tawaf
consists essentially of circling the Ka'bah on foot seven times,
reciting a prayer during each circuit. It signifies the unity of God and
man and reminds believers that the Patriarch Abraham, his son Ishmael
and the Prophet Muhammad emphasized the importance of the Ka'bah.
Kissing the Hajar al-Aswad
While circling the Ka'bah the pilgrims should, if they can, kiss or touch the Black Stone (the Hajar al-Aswad),
which is embedded in the southeastern corner of the Ka'bah (see p. 6)
and which is the precise starting point of the seven circuits. Failing
this, they salute it. Kissing the Stone is a ritual that is performed only because the Prophet did it and not because any powers or symbolism attach to the Stone per se.
After completing the last circuit of the Ka'bah, the
pilgrims go to the "Place of Abraham," also within the courtyard, and
worship on the spot where Abraham himself offered up his devotions to
God. That site is now marked by an octagonal metal and crystal structure
recently built by the Saudi Arabian Government.
The Tawaf after Mina is called the Tawaf of the Return and is the last essential ritual. The pilgrims are now fully deconsecrated and are hajjis—that is they have completed the Hajj.
Making the Say
Although the key rituals of the Hajj have been completed, most pilgrims also include "the running" (Sa'y),
a reenactment of the search for water by Hagar, wife of Abraham. Hagar
(known from the Bible as Sarah's rival) was led into the desert with her
infant son Ishmael and left near the present site of Mecca. Frantic for
water for the child, she ran desperately back and forth seven times
between two rocky hillocks, one called al-Safa the other al-Marwa, until
the Angel Gabriel appeared and, stamping the ground with his heel,
brought forth water for her and her child. This is the origin of the
Well of Zamzam, now enclosed in a marble chamber beneath the courtyard
of the Sacred Mosque. Pilgrims drink from the well before starting the Sa'y.
In performing the Sa'y, the pilgrims enter a
spacious enclosed gallery or corridor appended to the Sacred Mosque and
called "the Place of Running" (al-Mas'a) (7 on map) and approach
al-Safa, one of the original hillocks, now little more than a knoll at
the end of the gallery. Facing toward the Ka'bah, the pilgrims declare
their intention of performing the Sa'y, descend to the Mas'a and walk briskly between the hills seven times.
Returning to Mina
It is also customary for the pilgrims to return to Mina
(8 on map) between the 11th and 13th—for the third time—where they cast
their remaining pebbles at each of the three pillars, seven stones at
each pillar on each of the days they are there, for a total of either 49
or 70 pebbles. They also visit with other pilgrims, and bid farewell to
the friends they have made during the Hajj.
Departure
Before leaving Mecca it is also customary to make a final Tawaf
around the Ka'bah (9 on map) as a means of bidding the Holy City
farewell and most pilgrims, if they have time, also take this
opportunity to pay a visit to the Mosque of the Prophet in Medina, 277
miles to the north. This is not a part of the Pilgrimage, but it is considered meritorious to pray in the mosque which the Prophet himself founded.
The Umrah
Upon first entering Mecca, before beginning the Hajj, pilgrims also perform a Tawaf and a Sa'y. But done then, these two rites—coupled with the donning of the Ihram at the border of the Sanctuary—constitute the 'Umrah, or "the Lesser Pilgrimage."
As some texts often present differing descriptions of the relationship and sequence of the 'Umrah and the Hajj, it is important to explain certain distinctions.
The ' Umrah is essentially a mark of respect paid
to the city of Mecca upon first entering it—and although it is a
requirement for pilgrims arriving from outside Mecca—a necessary prelude
to the Pilgrimage—and involves two of the same rites, it is not
part of the Hajj. It is also required for Muslims who visit Mecca at
other times of the year because that was the practice of the Prophet
himself. But there is only one Hajj—the ceremony which on those special
days of Dhu al-Hijjah gathers and unites more than a million of the faithful from every corner of the earth.
Conditions For The Obligation Of Hajj
The Hajj in Islam, being incumbent upon a mustati, is not obligatory for more than once in the entire lifetime (of an individual).
The obligation of Hajj is immediate for a mustati; i.e. the Hajj should be performed in the first year of istitaah and any delay in it is not permissible. In case of delay, the obligation still remains and it should be performed in the following years.
If after istitaah, Hajj requires preliminaries like travel provisions, these should be arranged for, so that the Hajj could he performed in the very first year (of istitaah) In case of dereliction of the individual such that he could not go on Hajj in that year, the Hajj obligation remains and should be fulfilled later on under any conditions, even if the status of istitaah is lost.
If a child is made muhrim for Hajj and becomes religiously mature in the process of the pilgrimage, the Hajj would be acceptable as the required Hajj of Islam.
One who thought that he was religiously immature and went on istihbabi Hajj and then realised that he was religiously mature, cannot consider his Hajj as the required Hajj of Islam, unless he had made the niyyah to perform the Hajj, which the Divine Legislator (Allah the Almighty) has decreed for him.
Atonement for hunting rests with the guardian. Other types of atonements obviously do not rest with either the guardian or the child.
In Hajj, the child’s guardian should procure sheep for sacrifice.
For Hajj to become obligatory, the individual should be able to afford expenses of departure and return. In addition, he should have whatever is imperative for a living and sustenance such as a residence, household appliances, automobile and the like, in accordance with his social standing and honour. In case he lacks these things, he should possess money or anything else with which he could provide them.
One who needs to get married and for whom abstaining from marriage would result in disease or the commitment of sin and forbidden acts, and who needs money for marriage, would become mustati when the marriage expenses are met in addition to the Hajj expenditures.
If one has money owed to him and possesses the rest of the conditions for istitaah, he should receive the amount owed to him if the due time of payment has arrived provided he could obtain it without difficulty. Then he should go on Hajj.
If one who does not afford Hajj obtains a loan to cover its expenses, he will not become mustati, and the Hajj he performs will not be considered the required Hajj of Islam.
One, who can afford Hajj expenses but has debt as well, should go on Hajj if he has time for repayment and he is confident that when repayment time comes he can afford to repay his debt. The same rule applies to a case when repayment time approaches yet the creditor agrees to defer repayment and the debtor is confident that he can repay it at the determined time.
Apart from these two cases, Hajj will not be regarded as obligatory.
If the high expenses of the Hajj do not make the prospective pilgrim unable to afford the pilgrimage, this will not remove the obligation of Hajj, unless such expenses cause distress and difficulty for him.
For those who have extra equipment which they do not require at the moment, and which if sold would cover the Hajj expenses, Hajj is obligatory, provided that they meet all other conditions for the pilgrimage.
If one doubts whether his property is sufficient enough to make him mustati for Hajj, it is obviously necessary for him to study the matter. There is no difference regarding the necessity of study and investigation in this matter between the one who does not know the amount of actual estimate of his property and the one who does not know Hajj expenditures.
One who knows that under the normal conditions and the expenses of Hajj he would not have istitaah but who believes that possibly through study and investigation he could find ways to go on Hajj under his present conditions, does not need to embark on such investigation. But for one who does not know whether or not he has istitaah for Hajj it is obviously obligatory to take proper stock of his present financial conditions.
One who is employed to render services to the pilgrims and who could meantime perform all Hajj rites and could earn his living upon return would be considered as having istitaah for Hajj. Hajj is obligatory for him and he would meet the requirements of the Hajj in Islam, even though it is obligatory for him to be hired.
Among conditions for istitaah, the individual should be able to meet expenses of his family (members of the household which are dependent on him) until his return from Hajj.
In istitaah arising through competence, i.e. upon return from Hajj the person has to engage in trade, agriculture, and industrial activity or have property such as orchards and shops in order not to face distress and difficulty in making his living, if he were able to engage in a business befitting his place and position, it would suffice. If upon return, he could make his living with allowance, it would also suffice.
As a result, Hajj is obligatory for students of theological seminaries who, upon return from Hajj, would require allowances of the theological seminaries and who could make a living with such allowances.
Conditions for the obligation of Hajj is physical ability, as well as openness of the route and availability of time. Therefore, Hajj is not obligatory for a sick person who lacks the physical strength to go on Hajj or who faces great distress and difficulty in doing so. The same applies to a person to whom the route for Hajj is closed or who faces time shortage such that he could not go on Hajj in due time.
If, while having istitaah, a person abstains from going on Hajj, he will be committing a sin and is duty-bound to go on Hajj in any way possible.
The mustati should personally perform Hajj. Deputation of Hajj would not suffice for him, unless for one who cannot perform Hajj due to old age and sickness.
One who is personally mustati cannot become a representative to perform another person's
Hajj. If such a Hajj on deputation is performed, it will be null and void.
If one who is required to go on Hajj pilgrimage passes away before fulfilling this obligation, his Hajj should be performed with what he has left behind, and a Hajj Miqati will suffice in such a case.
A woman whose marriage portion is equal to or more than the Hajj expenses is a mustati for Hajj, provided she can obtain her marriage portion without causing trouble and difficulty (for her husband).
A woman whose marriage portion is sufficient for Hajj and is owed the same by her husband, since he cannot afford to pay it does not have the right to demand the marriage portion and is not mustati.
If a person has a very expensive house and can go on Hajj with the difference earned through selling it and buying a cheaper one, should not sell the house if it is not higher than his status and position. In this case he is not a mustati. If the house is more than his social standing, he is a mustati, provided all other conditions are met.
Those who can meet the expenses of the Hajj journey through business or other means and who upon return can meet a part of their expenses through earnings such as preaching and the remaining part from allowances through legal sources (theological schools) are mustati, even if they need the allowance to meet their expenses upon return from Hajj.
If one sells a piece of land or something else to buy a house, he will not become mustati in case he needs the money to buy a house, even if the money is sufficient to cover the Hajj expenses.
When the due time for Hajj arrives, the mustati cannot dispense with his status of istitaah, and before this time, based on ihtiyat wajib he should not dispense with the status istitaah.
If a person who was hired to go on Hajj on behalf of another person who was not a mustati at the time of concluding the contract but who before the Hajj became a mustati through means other than the sum of the contract, should cancel the contract and perform his own obligation of the Hajj in Islam.
Caravan attendants who arrive in Jeddah would become mustati if, while serving the Hajj pilgrims, they are able to perform all Hajj rites and rituals and meet all other conditions of istitaah, for instance, having actual or potential means of earning a living and being competent for a job or industrial and other ability with which they could earn a proper living upon return. These persons should perform the Hajj in Islam that fulfils their obligation of Hajj. If the caravan attendants do not meet the required conditions, they’re not mustati and their Hajj will be istihbabi, but they should perform the obligatory Hajj, if they later become mustati.
It is incumbent on the physicians and other people who come to miqat on duty and who meet all conditions of istitaah in miqat to perform the Islamic obligation of Hajj, even though it is necessary for them to carry out their duties as well.
One who has financial capability and meets other conditions of istitaah should go on Hajj. Performing other good deeds such as visiting the holy sites or building mosques will not substitute the obligation of going on Hajj.
If, during the obligatory Hajj, the mustati were to make the intention of istihbab due to negligence or on the assumption of not having attained istitaah, or even consciously and willfully with the aim of practice for performing the obligatory Hajj better the following year, there is a degree of doubt for the fulfilment of Hajj unless the intention for the Hajj was according to what has been decreed by the Divine Legislator. On this basis, as a matter of ihtiyat, he should go on Hajj the next year.
If the mustati passes away after putting on the ihram and entering the Sacred Mosque, the
Hajj obligation will be removed from him.
If the deceased person was mustati in his lifetime and deliberately delayed the Hajj pilgrimage, Hajj remains due on him and a Hajj Miqati should be performed for him from what he has left.
For one who meets all the conditions of a mustati for Hajj but has not performed it, the obligation of Hajj remains, even if due to old age or an incurable disease it is not possible for that person to go on Hajj in the latter case the person should send a representative to perform Hajj on his behalf.
A wife does not require the permission of her husband to go on obligatory Hajj, and she should perform her obligatory Hajj even if her husband does not approve of her travelling for Hajj.
Family, in case of financial istitaah for which nafaqah is a requisite, refers to a person's formal family, though it may not be religiously qualified for his maintenance allowance.
Question 1: Suppose a person becomes ill in Madinah (say if he undergoes an apoplexy) and is hospitalised for two weeks by the doctors. If after convalescence, it is difficult to take him to Makkah to perform the Hajj rites, what is his duty?
Answer: If it is the first year of istitaah and the person lacks the strength, even for an emergency case, to carry out the Hajj rites, the status of istitaah will become null and void, and the Hajj will not be obligatory. If, however, it is not the first year of istitaah and the Hajj is already incumbent on him and the person is despaired of regaining health, then a substitute should carry out the rites of Umrah and Tamattu.
Question 2: At present, those who want to perform the Hajj pilgrimage should register their names in advance and make the necessary arrangements. If the turn of a person takes several years to come, and before the coming of the turn that person finds other means of going on Hajj and borrows money and goes to Makkah, will such a pilgrimage be considered the obligatory Hajj of Islam?
Answer: If Hajj has not already become incumbent and the person cannot presently go on Hajj without borrowing money, Hajj is not obligatory for him, and such a pilgrimage cannot be considered the obligatory Hajj of Islam.
Question 3: I went on Hajj by borrowing money and receiving a month's salary in advance. Since the person who lent the money fully approved of my going on Hajj and did not need his money, would my Hajj be regarded obligatory or not?
Answer: If your financial istitaah met the required conditions, your Hajj will be correct and deemed obligatory, provided that you can easily repay your debt later on. But if you obtained financial istitaah by borrowing money, you have not become mustati, and your Hajj will not be considered the obligatory Hajj of Islam.
Question 4: Based on lots drawn by the Hajj and Pilgrimage Organisation, Allah (SwT) willing, I will be able to go on Hajj in the coming years based on the following conditions:
(a) The entire expenses of the Hajj performed by my spouse and me have been met by khums money.
(b) I am a schoolteacher and lead an ordinary life with continence.
(c) I do not have a house or an automobile of my own. I am a tenant in every city where I work.
(d) I have ordinary housing appliances. In view of these conditions and doubts raised by others about Hajj being obligatory for my spouse, and me would our Hajj meet conditions necessary for obligation?
Answer: As per the conditions cited, if your spouse has enough money to go on Hajj and return, she would be mustati. You would have istitaah only when you have household appliances for yourself and your family in accordance with your social position, and when upon return you could make a living for yourself and your family through what you earn.
Question 5: If a person was mustati but neglected to go on Hajj until he lost his turn, now that names are no longer being registered, would it be permissible for him to perform Hajj by way of connections and recommendations inside or outside Iran and through expending huge amounts? This is because otherwise, his duty of fulfilling the obligation would be delayed for years and he tears that, Allah (SwT) forbid, he would be considered as one who has forsaken Hajj.
Answer: He should go on Hajj in any way possible if it does not violate the regulations of the Islamic Republic of Iran, and in a way that he would not face distress and difficulty.
Question 6: Supposing Hajj has not already become incumbent on a person but while registering names for the Hajj, he became mustati. Later on, he, however, faced financial problems and needed the money he had deposited with the bank (for registering his name). Could he withdraw the money or not? Would it make any difference if his turn comes in the first year or in the next years?
Answer: Based on this supposition, he is not mustati and can withdraw his money. It would make no difference.
Question 7: A person, who had to perform the obligatory Hajj departed for Hajj from Pakistan, fell ill in Madinah but continued his journey to Makkah in that condition, and passed away in a hospital in Makkah before performing the Hajj. At the time of his death, his entire property consisted of some money and a piece of land in Pakistan. Given the fact that his money is not enough for Hajj on his behalf, should his heirs sell the piece of land and hire someone to fulfill his Hajj, or would the obligation of Hajj no longer be due upon his death?
Answer: If he arrived in Makkah with the ihram for Umrah Tamattu and passed away before performing Umrah or after completing its rites, whatever he performed will be accepted and the obligation of Hajj would be removed from him. But if he entered Makkah without ihram for Umrah and passed away there, and in case Hajj had remained incumbent on him, a substitute on his behalf should be hired out of what he has left behind. A Hajj Miqati would suffice in such a case. But if Hajj had not remained incumbent on him, he would not be considered a mustati, and there is no need to hire a person to perform Hajj on his behalf.
Question 8: If a person becomes mustati in miqat and performs the obligatory Hajj of Islam, would it suffice or not? Would kifayah be a precondition or not?
Answer: If he becomes mustati, it is sufficient, but he should have kifayah.
Question 9: In cases where an organisation or body sends a person on Hajj without asking him to do anything in return, would it be regarded as Hajj Badhli and should it be necessarily accepted?
Answer: Provided that it is legitimate, it would be Hajj Badhli if there were no commitment to do anything in return for it.
Question 10: A person has four sons, all of whom are married, and can meet his annual expenses and has no debts, but he and his sons make their living jointly from the same source of income. Now, since the Hajj expenses of only two people can be met, is Hajj obligatory in this case? If so, is it only incumbent on the father or on the sons as well? If Hajj is incumbent on the sons, which one has the priority to perform it?
Answer: One who has enough property to meet his Hajj expenses, go to Makkah, and upon return afford a living, which befits him, is mustati and should perform the Hajj.
Question 11: Having financial istitaah and being 72 years old, I have been prevented from going on Hajj pilgrimage by the Health ministry in accordance with domestic laws, as I am addicted to opium. What is to be done from the viewpoint of Sharia?
Answer: If you were previously mustati but did not go on Hajj pilgrimage, you shoulder the duty of going on Hajj. If previously you did not have istitaah, you are not mustati under the present conditions, unless you can abandon opium addiction, obtain the required permit, and go to Makkah.
Question 12: If a person has capital or equipment and can sell part of it to lead a comfortable life and go on Hajj with the difference, would he be mustati?
Answer: If all the other conditions are met, he will be deemed mustati.
Question 13: A person has an orchard that has not brought him any income for several years but which, if sold, would cover his Hajj expenses. He is sure that by the time the orchard bears fruit, he would be old and retired and would be dependent on it for his living. Would such a person be mustati?
Answer: If he has no source of income other than the orchard, he will not be considered mustati.
Question 14: In the case of debt, how much money should a person possess to have istitaah? In case he has the needed money but suffers from cardiac ailment and has been notified by the physicians at the Hajj and Pilgrimage Organisation that his pilgrimage might be dangerous, should he substitute someone else?
Answer: If before attaining istitaah he fell ill and consequently lacked the strength to go to Makkah, he will not become mustati and there is no need to substitute someone else for Hajj. In addition, financial istitaah would develop only when he has enough money for a round trip and can easily repay his debt.
a. Maturity
b. Sanity
c. Faith
d. Confidence in performing the rites
e. Knowledge of Hajj rites and rituals
f. Exemption from the obligatory Hajj that particular year
g. Having no excuses to abstain from certain Hajj rites
Conditions of one for whom a naib is hired:
For the obligatory Hajj, the person for whom a naib is hired should be a deceased one, and in case he is alive. Hajj should be incumbent on him, while he cannot personally go on Hajj due to an incurable disease or old age. In the Hajj Istihbabi, this is not a condition, and the person who hires a naib does not have to be mature and sane. There is no need for the naib and one who hires him to have familiarity. One who has not so far gone on Hajj and is mustati can become a naib for another person.
Hiring a person who has little time for Hajj at-Tamattu and who is compelled to perform the Hajj al-Ifrad is not correct for a person on whom Hajj at-Tamattu is incumbent. But if the naib was hired with ample time and then the time ran out, he should engage in udul. This would suffice for Hajj at-Tamattu. The naib should be paid in return.
One on Whom Hajj had become obligatory but had not gone on Hajj pilgrimage in the first year of istitaah due to ailment or inability to walk because of old age or of imminent distress and difficulty by going on Hajj should hire a naib in case there is no hope of his recovery. Based on ihtiyat wajib, he should immediately hire a naib. If Hajj does not become incumbent on him, he will definitely face no obligation in this regard.
When the naib performs the Hajj, the one who hired him does not need to personally go on Hajj later even if the excuse he had no longer exists. But if this excuse is removed before the completion of Hajj, the pilgrimage on behalf will not suffice.
One on whom Hajj is incumbent, whether through having istitaah or being duty-bound, should not engage in niyabah for another person.
If the hired person dies after ihram and entrance into the Haram, (Sacred Mosque of the Kabah) this would suffice for the Hajj of the one whom he represented. But if he dies after ihram and before entrance into the Haram, it would not suffice based on ihtiyat wajib. In this case there is no difference whether the Hajj was supererogatory, by hire (on behalf), the Hajj in Islam or the obligatory Hajj, the same decree that applies to one who goes on Hajj in person would apply here.
If a naib is hired to carry out the religious duty of one who hires him - as is the case for hiring the naib for Hajj - and if he dies after ihram and entrance into the Haram, he deserves the entire wage (of naib).
One who has gone to Makkah as a naib without having personally performed the obligatory Hajj should follow the ihtiyat mustahabb and, after niyabah, perform Umrah Mufradah for himself. This ihtiyat is not binding. Nevertheless, it is highly recommended.
One who cannot perform some Hajj rites due to valid reasons cannot be hired as a naib for Hajj. If such a person who has excuses not to perform some rites, gratuitously and voluntarily goes on Hajj on behalf of another person, this would not suffice.
For a living person who can hire a naib, it would suffice to employ the naib at the miqat.
One who performed the Hajj for the first time, say as a caravan attendant, could go on Hajj as a naib for his deceased father or mother, unless he was not mustati in the first year and has become mustati in the next year.
Ihram would be incorrect for one who, as a naib, becomes a muhrim at the Masjid ash-Shajarah and goes to Makkah where he realises he was personally mustati. He should return and become a muhrim for his own Umrah Tamattu and perform his own religious duties.
The condition of faith and belief of the naib, being a prerequisite for niyabah in Hajj, also applies to other rites in which niyabah is permissible, such as ramy and tawaf.
It is incumbent on the naib to perform the rites in accordance with the decrees of his own Marja Taqlid.
A naib who, at the time of accepting niyabah, was fully capable of representing another person at the Hajj but who has an excuse at the time of becoming a muhrim or even before, could continue his niyabah if his excuse does not make him violate some Hajj rites. But if his excuse makes him violate some Hajj rites, the contract for his niyabah could be declared null and void. Based on the ahwat, the naib and one who has hired him should make a compromise on the former's wages, and the duty of the Umrah and Hajj would be vested with the latter.
Gratuitous or wage earning niyabah is not acceptable from those hired to render services and unable to have ikhtiyari wuquf in Mashar, as well as all other people who have excuses and who have performed such incomplete forms of Hajj. Their niyabah would not be acceptable as the Hajj of the persons who have hired them, and they do not deserve wages.
One who cannot perform the ikhtiyari rites of the Hajj is exempt and cannot become a naib.
The niyabah of a person who lacks the ability to correct his qiraah is null and void. If he has the ability, the niyabah of such a person is valid, provided he corrects his qiraah.
Question 1: Suppose a person who registers his name, receipt of payment, and specifies in his will that after his demise his son should go on Hajj and perform it on behalf of him, passes away. Upon the father's death, the son obtains financial istitaah but he can only go on Hajj using his father's receipt of payment. Now by using this receipt and arriving at miqat should he perform the Hajj on behalf of his father? Or would he obtain istitaah and have to perform Hajj for himself.
Answer: The son can go on Hajj using the receipt based on his father's will in case the will for what is additional to the Hajj Miqati does not exceed one third and the heirs have allowed it. He should perform the Hajj on behalf of his father.
Question 2: In the past two cases, if the son shoulders the duty of performing Hajj on behalf of his father but performs his own Hajj, would it be considered his obligatory Hajj of Islam or not?
Answer: No.
Question 3: A person's father who was mustati passes away. The son takes his father's receipt and goes on Hajj with the intention of representing his father. He reaches miqat where he himself is mustati. What should he do? I should explain that there is no will. Nor has he been asked to engage in niyabah. For instance, he was the sole heir and Hajj would not be possible for him unless in this way.
Answer: In this case, he should perform his own Hajj and hire a naib for his father.
Question 4: Being responsible for the Hajj caravan, I had to take care of the sick and disabled people in my group and, therefore, performed idhtirari wuquf. Please explain my religious duty.
Answer: If you accompanied disabled and sick persons who had excuses not to engage in ikhtiyari wuquf, here is no problem for you. But if served as a naib for someone else, your niyabah would not be acceptable.
Question 5: A person served as naib for a deceased person without having any excuses not to perform some Hajj rites at the time of being hired as naib. But several years after performing the Hajj, he realised that in the Mashar al-Haram he had engaged in idhtirari wuquf with women and sick persons for whom he was guide and went to Mina. He was unaware of the fact that the naib should engage in inkhtiyari wuquf. What duty does he shoulder?
Answer: This should not have been done on a Hajj in which he was hired as naib and he does not deserve any wages. In terms of the wages, he should refer to the person who hired him. Or in case his contract for niyabah has not expired, he should once again go on Hajj as a naib and correctly perform the rites.
Question 6: My late father had stated that his eldest son should go to Makkah on his behalf. I am the eldest son and have become mustati with the inheritance. So far, I have not been able to convert my share of the inheritance into cash. Under such conditions, can I perform the Hajj on my father's behalf or not?
Answer: Supposing that you have financial istitaah through converting your share of the inheritance into cash, you should primarily perform your own-obligatory Hajj and later on perform it on behalf of your father or hire a naib for him.
Question 7: A lady for whom the Hajj was obligatory said in her last will that the executor of her will should go on Hajj on her behalf using money from what she left behind. Now the executor of her will has physical, financial, and other types of istitaah, but has not registered name for Hajj based on an excuse and lacks istitaah for travelling. Could the executor of the will engage in Hajj Niyabi?
Answer: If the executor of the will did not previously have istitaah, if the route is not open to him now, and if he is not mustati, he can be hired for Hajj Niyabi. But if he can reach the miqat without being hired, he should not perform Hajj Niyabi and should perform his own Hajj.
Question 8: While hiring someone for Hajj, if the person hiring the naib is unaware that the latter has excuses and hires him, would the niyabah wages be halal for the naib? Would his Hajj Niyabi be correct and be considered the obligatory Hajj of Islam or other type of Hajj for the one who has hired him?
Answer: In case he had an excuse and was hired, he does not deserve wages and it would not suffice for the Hajj Niyabi.
But for those who are away from Makkah, such as the Iranians who shoulder the duty of Hajj at-Tamattu, the istitaah of Hajj and the istitaah of Umrah would be the same, as Hajj at-Tamattu is a combination of both. This is contrary to the case of people who are in Makkah or close to it. They shoulder the duty of Hajj and Umrah Mufradah, for one of which they should have istitaah.
Getting into the state of ihram is compulsory for anyone who wants to enter Makkah to get to the state of Umrah or Hajj. If he wants to enter Makkah sometime other than the Hajj season, he should perform Umrah Mufradah. This does not apply to one for whom only a month has passed after ihram. In such a case, ihram is not necessary.
Going on repeated Umrah (more than once), like going on Hajj repeatedly, is mustahabb. Spacing is not needed between two Umrah, but based on precaution, one can perform only one Umrah for himself every month. Each person can however, perform an Umrah on behalf of others.
After this, he can dispense with ihram and return to Mina to pass the night and spend nights of tashriq period as done by other pilgrims. In principle, therefore, Hajj al-Ifrad is similar to Hajj at-Tamattu with the exception that in the latter case, a hady should be offered, while in the Hajj al-Ifrad, hady is not compulsory and is rather recommended.
Umrah Mufradah, which should be performed after Hajj by one, whose Hajj at-Tamattu has been turned into Hajj al-Ifrad requires departing from Adni al-Hal. It is best to put on ihram from "Jeranah" or "Hudaybiyah", or "Taneem" which are closer to Makkah. Then he should go to Makkah for circumambulation around the Kabah and recite its prayer, embark upon Say between Safa and Marwah, engage in taqsir or shave his head, carry out the tawaf al-nisa and recite tawaf prayer.
Umrah Tamattu has the following five acts:
1. Getting into the state of the ihram
2. Tawaf around the Kabah
3. Tawaf prayer
4. Say between Safa and Marwah
5. Taqsir
When the muhrim accomplishes these tasks, things, which had become unlawful to him due to ihram, become permitted.
Hajj at-Tamattu comprises of the following thirteen acts:
1. Getting into the state of the ihram
2. Wuquf in the plain of Arafat,
3. Wuquf in Mashar al-Haram
4. Stoning the Jamarat al-Aqabah in Mina
5. Offering sacrifice in Mina
6. Shaving the head or taqsir in Mina
7. Tawaf in Makkah
8. Reciting two rakah tawaf prayer
9. Say between Safa and Marwah
10. Tawaf an-nisa
11. Reciting two rakah prayer of tawaf an-nisa.
12. Staying in Mina on the 11th, 12th, and 13th Dhul al-Hijjah (for some people)
13. Ramy Jamarat on the 11th 12th of Dhul al-Hijjah. Those who remain in Mina on the night preceding the 13th should engage in ramy jamarat on the 13th.
It is permissible to perform Umrah Mufradah during the Hajj season before Umrah Tamattu.
Based on precaution, one should observe a month's space between the two Umrah he undertakes for himself. If the second Umrah is performed through niyabah, the naib can receive wages for it. If the Umrah Mufradah were obligatory for the one who has hired the naib, it would be sufficient.
The obligation of Hajj is immediate for a mustati; i.e. the Hajj should be performed in the first year of istitaah and any delay in it is not permissible. In case of delay, the obligation still remains and it should be performed in the following years.
If after istitaah, Hajj requires preliminaries like travel provisions, these should be arranged for, so that the Hajj could he performed in the very first year (of istitaah) In case of dereliction of the individual such that he could not go on Hajj in that year, the Hajj obligation remains and should be fulfilled later on under any conditions, even if the status of istitaah is lost.
Conditions For The Obligation Of Hajj In Islam
Several conditions make the Hajj obligatory, and without all of them the Hajj would not he obligatory.A And B: Maturity And Sanity
Hajj is not incumbent on the children and the insane.If a child is made muhrim for Hajj and becomes religiously mature in the process of the pilgrimage, the Hajj would be acceptable as the required Hajj of Islam.
One who thought that he was religiously immature and went on istihbabi Hajj and then realised that he was religiously mature, cannot consider his Hajj as the required Hajj of Islam, unless he had made the niyyah to perform the Hajj, which the Divine Legislator (Allah the Almighty) has decreed for him.
Atonement for hunting rests with the guardian. Other types of atonements obviously do not rest with either the guardian or the child.
In Hajj, the child’s guardian should procure sheep for sacrifice.
C. Having Financial Istitaah, Physical Health And Ability, And Free Access And Sufficient Time
Financial istitaah means having provisions for the Hajj journey and the means of conveyance for it. If the likes of these are not possessed, something such as money or another commodity should be available for possible use to obtain the required provisions. It is a condition that the individual should financially afford his return trip. Other issues related to istitaah will be subsequently explained.For Hajj to become obligatory, the individual should be able to afford expenses of departure and return. In addition, he should have whatever is imperative for a living and sustenance such as a residence, household appliances, automobile and the like, in accordance with his social standing and honour. In case he lacks these things, he should possess money or anything else with which he could provide them.
One who needs to get married and for whom abstaining from marriage would result in disease or the commitment of sin and forbidden acts, and who needs money for marriage, would become mustati when the marriage expenses are met in addition to the Hajj expenditures.
If one has money owed to him and possesses the rest of the conditions for istitaah, he should receive the amount owed to him if the due time of payment has arrived provided he could obtain it without difficulty. Then he should go on Hajj.
If one who does not afford Hajj obtains a loan to cover its expenses, he will not become mustati, and the Hajj he performs will not be considered the required Hajj of Islam.
One, who can afford Hajj expenses but has debt as well, should go on Hajj if he has time for repayment and he is confident that when repayment time comes he can afford to repay his debt. The same rule applies to a case when repayment time approaches yet the creditor agrees to defer repayment and the debtor is confident that he can repay it at the determined time.
Apart from these two cases, Hajj will not be regarded as obligatory.
If the high expenses of the Hajj do not make the prospective pilgrim unable to afford the pilgrimage, this will not remove the obligation of Hajj, unless such expenses cause distress and difficulty for him.
For those who have extra equipment which they do not require at the moment, and which if sold would cover the Hajj expenses, Hajj is obligatory, provided that they meet all other conditions for the pilgrimage.
If one doubts whether his property is sufficient enough to make him mustati for Hajj, it is obviously necessary for him to study the matter. There is no difference regarding the necessity of study and investigation in this matter between the one who does not know the amount of actual estimate of his property and the one who does not know Hajj expenditures.
One who knows that under the normal conditions and the expenses of Hajj he would not have istitaah but who believes that possibly through study and investigation he could find ways to go on Hajj under his present conditions, does not need to embark on such investigation. But for one who does not know whether or not he has istitaah for Hajj it is obviously obligatory to take proper stock of his present financial conditions.
One who is employed to render services to the pilgrims and who could meantime perform all Hajj rites and could earn his living upon return would be considered as having istitaah for Hajj. Hajj is obligatory for him and he would meet the requirements of the Hajj in Islam, even though it is obligatory for him to be hired.
Among conditions for istitaah, the individual should be able to meet expenses of his family (members of the household which are dependent on him) until his return from Hajj.
In istitaah arising through competence, i.e. upon return from Hajj the person has to engage in trade, agriculture, and industrial activity or have property such as orchards and shops in order not to face distress and difficulty in making his living, if he were able to engage in a business befitting his place and position, it would suffice. If upon return, he could make his living with allowance, it would also suffice.
As a result, Hajj is obligatory for students of theological seminaries who, upon return from Hajj, would require allowances of the theological seminaries and who could make a living with such allowances.
Conditions for the obligation of Hajj is physical ability, as well as openness of the route and availability of time. Therefore, Hajj is not obligatory for a sick person who lacks the physical strength to go on Hajj or who faces great distress and difficulty in doing so. The same applies to a person to whom the route for Hajj is closed or who faces time shortage such that he could not go on Hajj in due time.
If, while having istitaah, a person abstains from going on Hajj, he will be committing a sin and is duty-bound to go on Hajj in any way possible.
The mustati should personally perform Hajj. Deputation of Hajj would not suffice for him, unless for one who cannot perform Hajj due to old age and sickness.
One who is personally mustati cannot become a representative to perform another person's
Hajj. If such a Hajj on deputation is performed, it will be null and void.
If one who is required to go on Hajj pilgrimage passes away before fulfilling this obligation, his Hajj should be performed with what he has left behind, and a Hajj Miqati will suffice in such a case.
Miscellaneous Issues Of Istitaah
A woman, who lacked financial means during her husband's lifetime, acquires the financial means for Hajj after his death through his inheritance, but since she has an illness that prevents her from going on Hajj she will not be called a mustati and Hajj is not obligatory for her. Likewise, if, after becoming a widow, she does not have a job, farming or industrial occupation with which to earn a living upon return from Hajj, she will not become mustati, even if what she has received as inheritance is enough for her to go on Hajj and return.A woman whose marriage portion is equal to or more than the Hajj expenses is a mustati for Hajj, provided she can obtain her marriage portion without causing trouble and difficulty (for her husband).
A woman whose marriage portion is sufficient for Hajj and is owed the same by her husband, since he cannot afford to pay it does not have the right to demand the marriage portion and is not mustati.
If a person has a very expensive house and can go on Hajj with the difference earned through selling it and buying a cheaper one, should not sell the house if it is not higher than his status and position. In this case he is not a mustati. If the house is more than his social standing, he is a mustati, provided all other conditions are met.
Those who can meet the expenses of the Hajj journey through business or other means and who upon return can meet a part of their expenses through earnings such as preaching and the remaining part from allowances through legal sources (theological schools) are mustati, even if they need the allowance to meet their expenses upon return from Hajj.
If one sells a piece of land or something else to buy a house, he will not become mustati in case he needs the money to buy a house, even if the money is sufficient to cover the Hajj expenses.
When the due time for Hajj arrives, the mustati cannot dispense with his status of istitaah, and before this time, based on ihtiyat wajib he should not dispense with the status istitaah.
If a person who was hired to go on Hajj on behalf of another person who was not a mustati at the time of concluding the contract but who before the Hajj became a mustati through means other than the sum of the contract, should cancel the contract and perform his own obligation of the Hajj in Islam.
Caravan attendants who arrive in Jeddah would become mustati if, while serving the Hajj pilgrims, they are able to perform all Hajj rites and rituals and meet all other conditions of istitaah, for instance, having actual or potential means of earning a living and being competent for a job or industrial and other ability with which they could earn a proper living upon return. These persons should perform the Hajj in Islam that fulfils their obligation of Hajj. If the caravan attendants do not meet the required conditions, they’re not mustati and their Hajj will be istihbabi, but they should perform the obligatory Hajj, if they later become mustati.
It is incumbent on the physicians and other people who come to miqat on duty and who meet all conditions of istitaah in miqat to perform the Islamic obligation of Hajj, even though it is necessary for them to carry out their duties as well.
One who has financial capability and meets other conditions of istitaah should go on Hajj. Performing other good deeds such as visiting the holy sites or building mosques will not substitute the obligation of going on Hajj.
If, during the obligatory Hajj, the mustati were to make the intention of istihbab due to negligence or on the assumption of not having attained istitaah, or even consciously and willfully with the aim of practice for performing the obligatory Hajj better the following year, there is a degree of doubt for the fulfilment of Hajj unless the intention for the Hajj was according to what has been decreed by the Divine Legislator. On this basis, as a matter of ihtiyat, he should go on Hajj the next year.
If the mustati passes away after putting on the ihram and entering the Sacred Mosque, the
Hajj obligation will be removed from him.
If the deceased person was mustati in his lifetime and deliberately delayed the Hajj pilgrimage, Hajj remains due on him and a Hajj Miqati should be performed for him from what he has left.
For one who meets all the conditions of a mustati for Hajj but has not performed it, the obligation of Hajj remains, even if due to old age or an incurable disease it is not possible for that person to go on Hajj in the latter case the person should send a representative to perform Hajj on his behalf.
A wife does not require the permission of her husband to go on obligatory Hajj, and she should perform her obligatory Hajj even if her husband does not approve of her travelling for Hajj.
Family, in case of financial istitaah for which nafaqah is a requisite, refers to a person's formal family, though it may not be religiously qualified for his maintenance allowance.
Question 1: Suppose a person becomes ill in Madinah (say if he undergoes an apoplexy) and is hospitalised for two weeks by the doctors. If after convalescence, it is difficult to take him to Makkah to perform the Hajj rites, what is his duty?
Answer: If it is the first year of istitaah and the person lacks the strength, even for an emergency case, to carry out the Hajj rites, the status of istitaah will become null and void, and the Hajj will not be obligatory. If, however, it is not the first year of istitaah and the Hajj is already incumbent on him and the person is despaired of regaining health, then a substitute should carry out the rites of Umrah and Tamattu.
Question 2: At present, those who want to perform the Hajj pilgrimage should register their names in advance and make the necessary arrangements. If the turn of a person takes several years to come, and before the coming of the turn that person finds other means of going on Hajj and borrows money and goes to Makkah, will such a pilgrimage be considered the obligatory Hajj of Islam?
Answer: If Hajj has not already become incumbent and the person cannot presently go on Hajj without borrowing money, Hajj is not obligatory for him, and such a pilgrimage cannot be considered the obligatory Hajj of Islam.
Question 3: I went on Hajj by borrowing money and receiving a month's salary in advance. Since the person who lent the money fully approved of my going on Hajj and did not need his money, would my Hajj be regarded obligatory or not?
Answer: If your financial istitaah met the required conditions, your Hajj will be correct and deemed obligatory, provided that you can easily repay your debt later on. But if you obtained financial istitaah by borrowing money, you have not become mustati, and your Hajj will not be considered the obligatory Hajj of Islam.
Question 4: Based on lots drawn by the Hajj and Pilgrimage Organisation, Allah (SwT) willing, I will be able to go on Hajj in the coming years based on the following conditions:
(a) The entire expenses of the Hajj performed by my spouse and me have been met by khums money.
(b) I am a schoolteacher and lead an ordinary life with continence.
(c) I do not have a house or an automobile of my own. I am a tenant in every city where I work.
(d) I have ordinary housing appliances. In view of these conditions and doubts raised by others about Hajj being obligatory for my spouse, and me would our Hajj meet conditions necessary for obligation?
Answer: As per the conditions cited, if your spouse has enough money to go on Hajj and return, she would be mustati. You would have istitaah only when you have household appliances for yourself and your family in accordance with your social position, and when upon return you could make a living for yourself and your family through what you earn.
Question 5: If a person was mustati but neglected to go on Hajj until he lost his turn, now that names are no longer being registered, would it be permissible for him to perform Hajj by way of connections and recommendations inside or outside Iran and through expending huge amounts? This is because otherwise, his duty of fulfilling the obligation would be delayed for years and he tears that, Allah (SwT) forbid, he would be considered as one who has forsaken Hajj.
Answer: He should go on Hajj in any way possible if it does not violate the regulations of the Islamic Republic of Iran, and in a way that he would not face distress and difficulty.
Question 6: Supposing Hajj has not already become incumbent on a person but while registering names for the Hajj, he became mustati. Later on, he, however, faced financial problems and needed the money he had deposited with the bank (for registering his name). Could he withdraw the money or not? Would it make any difference if his turn comes in the first year or in the next years?
Answer: Based on this supposition, he is not mustati and can withdraw his money. It would make no difference.
Question 7: A person, who had to perform the obligatory Hajj departed for Hajj from Pakistan, fell ill in Madinah but continued his journey to Makkah in that condition, and passed away in a hospital in Makkah before performing the Hajj. At the time of his death, his entire property consisted of some money and a piece of land in Pakistan. Given the fact that his money is not enough for Hajj on his behalf, should his heirs sell the piece of land and hire someone to fulfill his Hajj, or would the obligation of Hajj no longer be due upon his death?
Answer: If he arrived in Makkah with the ihram for Umrah Tamattu and passed away before performing Umrah or after completing its rites, whatever he performed will be accepted and the obligation of Hajj would be removed from him. But if he entered Makkah without ihram for Umrah and passed away there, and in case Hajj had remained incumbent on him, a substitute on his behalf should be hired out of what he has left behind. A Hajj Miqati would suffice in such a case. But if Hajj had not remained incumbent on him, he would not be considered a mustati, and there is no need to hire a person to perform Hajj on his behalf.
Question 8: If a person becomes mustati in miqat and performs the obligatory Hajj of Islam, would it suffice or not? Would kifayah be a precondition or not?
Answer: If he becomes mustati, it is sufficient, but he should have kifayah.
Question 9: In cases where an organisation or body sends a person on Hajj without asking him to do anything in return, would it be regarded as Hajj Badhli and should it be necessarily accepted?
Answer: Provided that it is legitimate, it would be Hajj Badhli if there were no commitment to do anything in return for it.
Question 10: A person has four sons, all of whom are married, and can meet his annual expenses and has no debts, but he and his sons make their living jointly from the same source of income. Now, since the Hajj expenses of only two people can be met, is Hajj obligatory in this case? If so, is it only incumbent on the father or on the sons as well? If Hajj is incumbent on the sons, which one has the priority to perform it?
Answer: One who has enough property to meet his Hajj expenses, go to Makkah, and upon return afford a living, which befits him, is mustati and should perform the Hajj.
Question 11: Having financial istitaah and being 72 years old, I have been prevented from going on Hajj pilgrimage by the Health ministry in accordance with domestic laws, as I am addicted to opium. What is to be done from the viewpoint of Sharia?
Answer: If you were previously mustati but did not go on Hajj pilgrimage, you shoulder the duty of going on Hajj. If previously you did not have istitaah, you are not mustati under the present conditions, unless you can abandon opium addiction, obtain the required permit, and go to Makkah.
Question 12: If a person has capital or equipment and can sell part of it to lead a comfortable life and go on Hajj with the difference, would he be mustati?
Answer: If all the other conditions are met, he will be deemed mustati.
Question 13: A person has an orchard that has not brought him any income for several years but which, if sold, would cover his Hajj expenses. He is sure that by the time the orchard bears fruit, he would be old and retired and would be dependent on it for his living. Would such a person be mustati?
Answer: If he has no source of income other than the orchard, he will not be considered mustati.
Question 14: In the case of debt, how much money should a person possess to have istitaah? In case he has the needed money but suffers from cardiac ailment and has been notified by the physicians at the Hajj and Pilgrimage Organisation that his pilgrimage might be dangerous, should he substitute someone else?
Answer: If before attaining istitaah he fell ill and consequently lacked the strength to go to Makkah, he will not become mustati and there is no need to substitute someone else for Hajj. In addition, financial istitaah would develop only when he has enough money for a round trip and can easily repay his debt.
Niyabah In Hajj
Conditions of the naib:a. Maturity
b. Sanity
c. Faith
d. Confidence in performing the rites
e. Knowledge of Hajj rites and rituals
f. Exemption from the obligatory Hajj that particular year
g. Having no excuses to abstain from certain Hajj rites
Conditions of one for whom a naib is hired:
For the obligatory Hajj, the person for whom a naib is hired should be a deceased one, and in case he is alive. Hajj should be incumbent on him, while he cannot personally go on Hajj due to an incurable disease or old age. In the Hajj Istihbabi, this is not a condition, and the person who hires a naib does not have to be mature and sane. There is no need for the naib and one who hires him to have familiarity. One who has not so far gone on Hajj and is mustati can become a naib for another person.
Hiring a person who has little time for Hajj at-Tamattu and who is compelled to perform the Hajj al-Ifrad is not correct for a person on whom Hajj at-Tamattu is incumbent. But if the naib was hired with ample time and then the time ran out, he should engage in udul. This would suffice for Hajj at-Tamattu. The naib should be paid in return.
One on Whom Hajj had become obligatory but had not gone on Hajj pilgrimage in the first year of istitaah due to ailment or inability to walk because of old age or of imminent distress and difficulty by going on Hajj should hire a naib in case there is no hope of his recovery. Based on ihtiyat wajib, he should immediately hire a naib. If Hajj does not become incumbent on him, he will definitely face no obligation in this regard.
When the naib performs the Hajj, the one who hired him does not need to personally go on Hajj later even if the excuse he had no longer exists. But if this excuse is removed before the completion of Hajj, the pilgrimage on behalf will not suffice.
One on whom Hajj is incumbent, whether through having istitaah or being duty-bound, should not engage in niyabah for another person.
If the hired person dies after ihram and entrance into the Haram, (Sacred Mosque of the Kabah) this would suffice for the Hajj of the one whom he represented. But if he dies after ihram and before entrance into the Haram, it would not suffice based on ihtiyat wajib. In this case there is no difference whether the Hajj was supererogatory, by hire (on behalf), the Hajj in Islam or the obligatory Hajj, the same decree that applies to one who goes on Hajj in person would apply here.
If a naib is hired to carry out the religious duty of one who hires him - as is the case for hiring the naib for Hajj - and if he dies after ihram and entrance into the Haram, he deserves the entire wage (of naib).
One who has gone to Makkah as a naib without having personally performed the obligatory Hajj should follow the ihtiyat mustahabb and, after niyabah, perform Umrah Mufradah for himself. This ihtiyat is not binding. Nevertheless, it is highly recommended.
One who cannot perform some Hajj rites due to valid reasons cannot be hired as a naib for Hajj. If such a person who has excuses not to perform some rites, gratuitously and voluntarily goes on Hajj on behalf of another person, this would not suffice.
Secondary Issues Related To Niyabah
The caravan attendants who are compelled to leave Mashar at midnight to perform the required tasks in Mina or who have to accompany the weak pilgrims to Mina, would be among those having excuses for not being able to have ikhtiyari wuquf in Mashar. Therefore, their niyabah will be invalid. But, if they have been hired as a naib before employment (as a caravan attendant), they have to perform the Hajj and observe ikhtiyari wuquf.For a living person who can hire a naib, it would suffice to employ the naib at the miqat.
One who performed the Hajj for the first time, say as a caravan attendant, could go on Hajj as a naib for his deceased father or mother, unless he was not mustati in the first year and has become mustati in the next year.
Ihram would be incorrect for one who, as a naib, becomes a muhrim at the Masjid ash-Shajarah and goes to Makkah where he realises he was personally mustati. He should return and become a muhrim for his own Umrah Tamattu and perform his own religious duties.
The condition of faith and belief of the naib, being a prerequisite for niyabah in Hajj, also applies to other rites in which niyabah is permissible, such as ramy and tawaf.
It is incumbent on the naib to perform the rites in accordance with the decrees of his own Marja Taqlid.
A naib who, at the time of accepting niyabah, was fully capable of representing another person at the Hajj but who has an excuse at the time of becoming a muhrim or even before, could continue his niyabah if his excuse does not make him violate some Hajj rites. But if his excuse makes him violate some Hajj rites, the contract for his niyabah could be declared null and void. Based on the ahwat, the naib and one who has hired him should make a compromise on the former's wages, and the duty of the Umrah and Hajj would be vested with the latter.
Gratuitous or wage earning niyabah is not acceptable from those hired to render services and unable to have ikhtiyari wuquf in Mashar, as well as all other people who have excuses and who have performed such incomplete forms of Hajj. Their niyabah would not be acceptable as the Hajj of the persons who have hired them, and they do not deserve wages.
One who cannot perform the ikhtiyari rites of the Hajj is exempt and cannot become a naib.
The niyabah of a person who lacks the ability to correct his qiraah is null and void. If he has the ability, the niyabah of such a person is valid, provided he corrects his qiraah.
Question 1: Suppose a person who registers his name, receipt of payment, and specifies in his will that after his demise his son should go on Hajj and perform it on behalf of him, passes away. Upon the father's death, the son obtains financial istitaah but he can only go on Hajj using his father's receipt of payment. Now by using this receipt and arriving at miqat should he perform the Hajj on behalf of his father? Or would he obtain istitaah and have to perform Hajj for himself.
Answer: The son can go on Hajj using the receipt based on his father's will in case the will for what is additional to the Hajj Miqati does not exceed one third and the heirs have allowed it. He should perform the Hajj on behalf of his father.
Question 2: In the past two cases, if the son shoulders the duty of performing Hajj on behalf of his father but performs his own Hajj, would it be considered his obligatory Hajj of Islam or not?
Answer: No.
Question 3: A person's father who was mustati passes away. The son takes his father's receipt and goes on Hajj with the intention of representing his father. He reaches miqat where he himself is mustati. What should he do? I should explain that there is no will. Nor has he been asked to engage in niyabah. For instance, he was the sole heir and Hajj would not be possible for him unless in this way.
Answer: In this case, he should perform his own Hajj and hire a naib for his father.
Question 4: Being responsible for the Hajj caravan, I had to take care of the sick and disabled people in my group and, therefore, performed idhtirari wuquf. Please explain my religious duty.
Answer: If you accompanied disabled and sick persons who had excuses not to engage in ikhtiyari wuquf, here is no problem for you. But if served as a naib for someone else, your niyabah would not be acceptable.
Question 5: A person served as naib for a deceased person without having any excuses not to perform some Hajj rites at the time of being hired as naib. But several years after performing the Hajj, he realised that in the Mashar al-Haram he had engaged in idhtirari wuquf with women and sick persons for whom he was guide and went to Mina. He was unaware of the fact that the naib should engage in inkhtiyari wuquf. What duty does he shoulder?
Answer: This should not have been done on a Hajj in which he was hired as naib and he does not deserve any wages. In terms of the wages, he should refer to the person who hired him. Or in case his contract for niyabah has not expired, he should once again go on Hajj as a naib and correctly perform the rites.
Question 6: My late father had stated that his eldest son should go to Makkah on his behalf. I am the eldest son and have become mustati with the inheritance. So far, I have not been able to convert my share of the inheritance into cash. Under such conditions, can I perform the Hajj on my father's behalf or not?
Answer: Supposing that you have financial istitaah through converting your share of the inheritance into cash, you should primarily perform your own-obligatory Hajj and later on perform it on behalf of your father or hire a naib for him.
Question 7: A lady for whom the Hajj was obligatory said in her last will that the executor of her will should go on Hajj on her behalf using money from what she left behind. Now the executor of her will has physical, financial, and other types of istitaah, but has not registered name for Hajj based on an excuse and lacks istitaah for travelling. Could the executor of the will engage in Hajj Niyabi?
Answer: If the executor of the will did not previously have istitaah, if the route is not open to him now, and if he is not mustati, he can be hired for Hajj Niyabi. But if he can reach the miqat without being hired, he should not perform Hajj Niyabi and should perform his own Hajj.
Question 8: While hiring someone for Hajj, if the person hiring the naib is unaware that the latter has excuses and hires him, would the niyabah wages be halal for the naib? Would his Hajj Niyabi be correct and be considered the obligatory Hajj of Islam or other type of Hajj for the one who has hired him?
Answer: In case he had an excuse and was hired, he does not deserve wages and it would not suffice for the Hajj Niyabi.
Types Of Umrah
As with Hajj, Umrah also falls into two types: obligatory and recommended. Umrah would become incumbent only once in the lifetime of one who has istitaah. As with Hajj, its obligation is immediate. In its obligation, there is no requirement for having istitaah for Hajj. If one were mustati for Umrah, it would become incumbent on him to perform, even if one is not mustati for Hajj. The opposite also holds true: If a person has istitaah for Hajj but is not mustati for Umrah, he should perform the Hajj.But for those who are away from Makkah, such as the Iranians who shoulder the duty of Hajj at-Tamattu, the istitaah of Hajj and the istitaah of Umrah would be the same, as Hajj at-Tamattu is a combination of both. This is contrary to the case of people who are in Makkah or close to it. They shoulder the duty of Hajj and Umrah Mufradah, for one of which they should have istitaah.
Getting into the state of ihram is compulsory for anyone who wants to enter Makkah to get to the state of Umrah or Hajj. If he wants to enter Makkah sometime other than the Hajj season, he should perform Umrah Mufradah. This does not apply to one for whom only a month has passed after ihram. In such a case, ihram is not necessary.
Going on repeated Umrah (more than once), like going on Hajj repeatedly, is mustahabb. Spacing is not needed between two Umrah, but based on precaution, one can perform only one Umrah for himself every month. Each person can however, perform an Umrah on behalf of others.
Types Of Hajj
The Hajj in Islam is of three types: Hajj at-Tamattu, Hajj al-Qiran, and Hajj al-Ifrad. Those who live over 48 miles away from Makkah should perform Hajj at-Tamattu, while Hajj al-Qiran and Hajj al-Ifrad are incumbent on others.Hajj Al-Ifrad And Umrah Mufradah
A person who cannot perform Umrah Tamattu due to shortage of time should go on Hajj al-Ifrad. With the same ihram for the Hajj at-Tamattu, he can perform the Hajj al-Ifrad and go to the plain of Arafat and embark upon wuquf like other pilgrims. He should then go to Mashar and stay (wuquf). Afterwards, he should go to Mina and perform the Mina rites apart from hady, which is not compulsory for him. He should subsequently go to Makkah, perform the tawaf, prayer, Say, tawaf an-nisa and its prayer.After this, he can dispense with ihram and return to Mina to pass the night and spend nights of tashriq period as done by other pilgrims. In principle, therefore, Hajj al-Ifrad is similar to Hajj at-Tamattu with the exception that in the latter case, a hady should be offered, while in the Hajj al-Ifrad, hady is not compulsory and is rather recommended.
Umrah Mufradah, which should be performed after Hajj by one, whose Hajj at-Tamattu has been turned into Hajj al-Ifrad requires departing from Adni al-Hal. It is best to put on ihram from "Jeranah" or "Hudaybiyah", or "Taneem" which are closer to Makkah. Then he should go to Makkah for circumambulation around the Kabah and recite its prayer, embark upon Say between Safa and Marwah, engage in taqsir or shave his head, carry out the tawaf al-nisa and recite tawaf prayer.
Hajj At-Tamattu In Brief
Hajj at-Tamattu includes two rites: Umrah Tamattu and Hajj at-Tamattu. Umrah Tamattu has priority over Hajj.Umrah Tamattu has the following five acts:
1. Getting into the state of the ihram
2. Tawaf around the Kabah
3. Tawaf prayer
4. Say between Safa and Marwah
5. Taqsir
When the muhrim accomplishes these tasks, things, which had become unlawful to him due to ihram, become permitted.
Hajj at-Tamattu comprises of the following thirteen acts:
1. Getting into the state of the ihram
2. Wuquf in the plain of Arafat,
3. Wuquf in Mashar al-Haram
4. Stoning the Jamarat al-Aqabah in Mina
5. Offering sacrifice in Mina
6. Shaving the head or taqsir in Mina
7. Tawaf in Makkah
8. Reciting two rakah tawaf prayer
9. Say between Safa and Marwah
10. Tawaf an-nisa
11. Reciting two rakah prayer of tawaf an-nisa.
12. Staying in Mina on the 11th, 12th, and 13th Dhul al-Hijjah (for some people)
13. Ramy Jamarat on the 11th 12th of Dhul al-Hijjah. Those who remain in Mina on the night preceding the 13th should engage in ramy jamarat on the 13th.
It is permissible to perform Umrah Mufradah during the Hajj season before Umrah Tamattu.
Based on precaution, one should observe a month's space between the two Umrah he undertakes for himself. If the second Umrah is performed through niyabah, the naib can receive wages for it. If the Umrah Mufradah were obligatory for the one who has hired the naib, it would be sufficient.
