Hajj Fatwas - IslamOnline

Supererogatory Hajj Or Charity?

QUESTION: Some people persistently perform Hajj every year, as well as umrah annually during Ramadan. This is done even though in these years there is severe overcrowding during the hajj. Some people fall and die because of the intensity of the crowd, especially during the Tawaf, Sa’i and throwing stones.

Is it not better for them to give what they would spend in the voluntary hajj and supererogatory umrah toward helping the poor and needy, or toward supporting charitable projects and Islamic organizations –many of which stop their activities because of lack of income? Or is spending money on repetitive hajj and umrah considered better than charity and giving for the cause of Allah and for the victory of Islam?

ANSWER by Sheikh Qardawi: One should know that the performance of religious obligations is the first thing that is demanded from a responsible person, and specifically with regard to the pillars of the religion. Afterwards the supererogatory and voluntary actions are what Allah loves and these actions bring a person nearer to His pleasure.

Al-Bukhari reported a Hadeeth Qudsi: “My servant comes close to me by performing what I have made obligatory upon him. And my servant will continue to draw close to me with voluntary actions until I love him. So if I love him, then I will be his hearing with which he hears with, and his sight with which he sees with.”

But we must put in front of our eyes the following legislative precepts:

The first precept is that Allah will not accept the voluntary until the obligatory is performed. Therefore, we see that all those who perform supererogatory hajj and umrah while at the same time are stingy in giving the obligatory zakah – by not giving it all or some of it – then his hajj and umrah will be returned to him (i.e., not accepted). Before spending on hajj and umrah, one must first purify his wealth by paying zakah.

Similar to this is the one who owes money to merchants or anybody else from whom he purchased an item on a deferred payment plan and did not pay at the time, or the one that has taken an interest-free loan and did not pay his debt. For this person it is not permissible to spend for hajj and umrah before he makes up what he owes.

The second precept is that Allah does not accept voluntary actions if their performance would lead to unlawful actions or happenings. Being safely away from the effects of something unlawful has a priority over gaining the rewards of voluntary actions. If one were to just go, thus increasing the amount of those making supererogatory hajj, this would harm many Muslims. It would increase the severe overcrowding, which causes excessive hardships, spreads diseases and makes some people pass out and die.

People there even get their feet stepped on with them not noticing, or they do notice but they are not able to move forward or backward. What is obligatory upon those who can find a way to do so is to reduce the crowds. And the first step towards this is to prevent those who have performed hajj a number of times from going to hajj so that room can be made for others – for those who still have to perform the obligatory hajj.

Imam Al-Ghazali mentioned the etiquette that must be observed by the one performing hajj: “He is not to help the enemies of Allah, the princes of Mecca who knock the people from the Sacred Mosque, by handing over ‘Muks’ (an unjust tax that is taken). And also he is not to give anything to the bandits on the roadway. If he gives his wealth to them, then he will be supporting transgression and would be making things easy for them. It is as if he himself is helping them. Therefore he is to find any way not to pay. And if he is not able to, then some scholars have said – and what they said is okay – that abandoning voluntary hajj and umrah and retreating from the roadway is better than supporting transgression.

“And it is meaningless for one to say: ‘They take from me and I have no choice.’ Because if to begin with he stayed in his house or retreated from the roadway, then they would not take anything from him. He is the one that put himself in this position of having no choice.”

My viewpoint on this voluntary action is that if there was behind the offering of voluntary hajj an unpraiseworthy, unlegislated, unlawful action, or just something that supports this – even if indirectly – then abandoning it is better for the Muslim who seeks the pleasure of Allah. This is the clear principle.

The third precept is that to protect from corruption is prioritized over gaining benefit, especially if the corruption is general and the benefit is specific. If it is at the disposal of some to perform hajj repeatedly and there was a general corruption behind this for the hundreds of thousands performing the hajj (i.e., they would receive harm and injury to their selves and bodies – even those who are performing voluntary umrah or hajj receive hurt from this), then the obligation is to prevent this kind of corruption by preventing what causes the overcrowding.

The fourth precept is that the doors to the supererogatory actions of good are very broad. Allah has not made them narrow on His servants. And the believer with vision is the one that chooses from it what he sees as best for him and also in accordance with his time and place. So if there is harm and danger that would afflict some people by doing supererogatory hajj, then Allah has provided many other options for the Muslims, and he can use them and draw near to his Lord without harming anyone.

There is charity, which can be given to the poor and needy. It should particularly be given to the relatives and the weak from the immediate family. There is a Hadeeth: “Charity to the poor is charity. And for the relatives there are two things: charity and good relations.”

Spending upon them is a duty, if he is from the wealthy people and they are in poverty.

Also one can give to the poor among the neighbors. One must give them their rights after giving Islam its rights. The required help one is supposed to give them is raised to the level of obligatory. And whoever does not do it will be held guilty. Which is why there is a Hadeeth: “He is not a believer who sleeps full while his neighbor next to him is hungry.”

There is also the act of spending on religious universities, Islamic centers, Quranic schools, and social and educational institutions that try to establish Islam. These institutions have difficulties and troubles due to the lack of financial support. And then you find the Christian missionary institutions with hundreds of millions of dollars set aside for use towards their success in destroying Islam and dividing the unity of the Muslims. These missionaries are trying to get Muslims to leave Islam, accept Christianity, or at the very least to shake the Muslims’ firmness on Islam and ensure nothing remains of their faith.

But the shortage of Islamic projects is not because of the lack of money with the Muslims, for there are from among the present Muslim lands the wealthiest countries of the world. And it is not from the lack of good and generous people in these countries, for there still are good and kind Muslims. Rather the problem is that many of those who give and spend put their money in the wrong places.

If the hundreds of thousands that perform supererogatory hajj and umrah annually were to put what they spend towards establishing Islamic projects or support those that already exist (and this was all done in a well organized manner), then this would benefit all Muslims in general and straighten their social and financial condition. It would allow those sincerely working for and calling to Islam find assistance to stand against the waves of missionaries, communists, secularists and undercover traitors working for the east or the west, etc., who differ amongst themselves but agree to fight against true Islam, to stop its progress, and to tear apart the Islamic nation by any means necessary.

I advise the righteous religious brothers that seek to repeat the hajj and umrah to stop what they are doing. If they feel it necessary to repeat these acts, then let it be every five years and from this they will gain two great benefits in which they will have their rewards. The first would be redirecting the overflow of money to charitable works, calling to Islam and helping the Muslims everywhere in the Islamic world or those outside of it who are suppressed minorities.

The second would be to provide adequate space for other Muslims, coming from other lands that still have to offer their obligatory Islamic hajj. For them to make room and ease for the others is no doubt better. And for them to refrain from supererogatory hajj with this intention – to generally reduce the crowds – then there is no knowledgeable religious person who will doubt that this will bring him nearer to Allah, because it has its reward. The Hadeeth says: “Indeed for every person is what he has intended.”

What we should mention here is that actions of jihad are better than actions of hajj, and this is established by the well-defined text of the Qur’an. Allah has said: “Do you consider the providing of drinking water to the pilgrims and the maintenance of the sacred Mosque as equal to the worth of those who believe in Allah and the Last Day, and strive in the cause of Allah? They are not equal before Allah, and Allah does not guide the evildoers. Those who have believed, and emigrated, and strove in the cause of Allah with their wealth and their lives are far higher in degree with Allah. And those are the successful” (9:19-20).

The Hajj of a Woman without a Mahram

QUESTION: A woman who is obligated to perform hajj is in good health and has enough money, but she does not have a husband or a mahram that can go with her. Is it permissible for her to perform hajj along with groups of Muslim males or females, keeping in mind that today the streets are safe and that traveling isn’t such a risk as it were before? Or is it obligatory upon her to delay hajj until she gets a mahram?

ANSWER by Sheikh Qardawi: The principle in Sharia is that a woman is not to travel by herself; rather, it is obligatory upon her to have as her companion her husband or a mahram. This ruling is founded on what was reported by Al-Bukhari and others from Ibn Abbas (may Allah be pleased with him) that Allah’s Messenger (pbuh) said: “A woman is not to travel except with a mahram and a man is not to enter upon her except if she has a mahram.”

And it is narrated by way of Abu Hurairah that: “It is not permissible for a woman who believes in Allah and the Last Day to travel a distance for one day and one night without a mahram with her.” Abu Saeed narrated that the Prophet (pbuh) said: “A woman is not to travel a distance for two days without her husband or mahram with her.”

And Ibn Umar narrated that: “She is not to travel for three nights, except if she has a mahram.”
Apparently the differences in narrations are because of the different petitioners and questions in which answers were given to them. Abu Hanifah preferred the last Hadeeth of Ibn Umar and was of the opinion that a mahram is not needed except in travels in which prayers are shortened (also reported by Ahmad). These hadith include all types of travel, whether or not it is necessary, like visiting, trading, seeking knowledge, or anything else.

The basis for this ruling is not an evil assumption about the woman and her manners, as some people unreasonably think, but it is to take care of her reputation and dignity. It is to protect her from the desires of those who have diseased hearts, from the assault of a rapist or a thief. And this is even more so in places that the traveler must pass through, like deadly deserts, in a time when there is no sense of security, and where the places are unpopulated.

But what is the ruling on a woman, who does not find a mahram to accompany her in a legitimate travel, whether obligatory, preferred or permitted? And there is within her reach a group of protective men, or trustworthy faithful woman, and the streets are safe? The jurists have researched this topic whenever they discussed the obligation of hajj upon women, and they kept in mind the Messenger’s (pbuh) prohibition of a woman traveling without a mahram. Their thoughtful opinions include the following:

Among them are those who hold on to what is apparent from the mentioned hadith, they prohibit traveling without a mahram, even for the obligation of hajj. And there is no exception to this rule.
There are those who make an exception for older woman with no desire, as has been transmitted from AI-Qaady Bin AI-Waleed Al-Yaajee, from the Maliki madhab. It is especially for women in general if we look at the meaning as was said by Ibn Daqeeq AI-Eid.
Some of them make the exception that as long as the woman is with trustworthy and faithful women, then the travel is permissible. Furthermore, some conclude that it is enough for just one free trustworthy and faithful Muslim woman.
And some concluded that the roadway must be safe. This is the opinion that was chosen by Sheikh ul-Islam Ibn Taymiyyah. He mentioned that Ibn Muflih in Al-Faroo’ said: “Every woman can perform hajj without a mahram as long as she will be safe.” And he said: “This is directed towards every travel in obedience… Al-Karabeesee transmitted this from Ash-Shafi’i pertaining to the supererogatory hajj. And some of his companions also said this about supererogatory hajj and about every travel that is not obligatory, like visiting and trading.”
Al-Artham transmitted from Imam Ahmad: “A mahram is not a condition in the obligatory hajj.” His justification for this is his saying: “Because she goes out with women, and with all those whom she is safe with.” Ibn Sireen even said: “With a Muslim it is okay.” Al-Awzaee said: “With a just people.” Malik said: “With a group of women.” Ash-Shafi’i said: “With a trustworthy faithful Muslim woman.” And his companions said: “By herself if there is safety.”

AI-Haafidh Ibn Hajar said: “What is well-known with the Shafi’is is that it is conditional that there be a husband, mahram, or trustworthy faithful women.” And in another saying: “It is enough for just one trustworthy faithful woman.” In a saying transmitted by Al-Karabeesee, authenticated in Al-Muhadhab, is that she can travel by herself if the streets are safe. If this is what was said about traveling for hajj and umrah, then this ruling should be uniform concerning all types of travel, as some scholars have agreed.

The purpose here is to safeguard the woman and protect her, which is fulfilled by knowing that the roadway is safe and that trustworthy faithful men and women are present.

The proof of the permissibility of a woman traveling without a mahram is incumbent upon there being security and the presence of trustworthy faithful people. What was reported by Al-Bukhari is that during the final hajj of Umar Bin Al-Khattab (may Allah be pleased with him), he gave permission to the wives of the Prophet (pbuh) to perform hajj. So he sent with them Uthman Bin Affan and Abdul Rahman. Umar, Uthman, Abdul-Rahman Bin Awf and the wives of the Prophet (pbuh) all agreed to this. None of the other companions rejected what they did and therefore this is considered to be consensus.

Second is what was reported by AI-Bukhari and Muslim from the Hadeeth of Ada Bin Haatim is that the Prophet (pbuh) told him about the future of Islam, it’s spreading, and its light going throughout the earth. Among what he mentioned is: “The day is near when a young woman will travel from AI-Hira (a city in Iraq), going to the Sacred House with no husband accompanying her. She will fear none but Allah.” This information does not only prove that this will happen it, but proves its permissibility, because it was mentioned in a phrase praising the spread of Islam along with its sense of security.

Here I will state two additionally important precepts. The first is that the basis of rulings on acts of dealings is to focus on their meanings and purposes. This is the opposite of rulings on acts of worship. This is because the basis of acts of worship is just to worship and obey, before focusing in on their meanings and purposes, as was firmly established by Imam Ash-Shatiby, who clarified this and verified it with proofs.

The second is that prohibited things are not permitted except if there is a dire need. And things that are prohibited so that they can be an obstruction to evil are permitted during times of need. And there is no doubt that the prohibition of a woman traveling without a mahram is prohibited so that it can be an obstruction to evil.

It is incumbent upon us to look at traveling in our time. It is not like how traveling was in the past. It is not filled with the dangers of the waterless deserts, encounters with thieves, highway robbers, etc. Now traveling is by various modes of transportation that usually gather large amounts of people at a time, like ships, airplanes, buses or cars that travel in caravans. Thus, this provides plenty of confidence and reliability, removing feelings of fear for the woman, because she will not be by herself in any place.
This is why there is no objection for the woman to perform hajj within this safe environment, which will provide all the necessary security and contentment. And with Allah is the success.

Is Traveling by Airplane better, or is Walking on One’s Feet?

QUESTION: Is traveling for hajj by airplane or car better than walking on one’s feet? There were some people who came walking on their feet from Pakistan so they can perform the obligatory hajj. They were saying that they would have a greater reward. Is this true?

ANSWER by Sheikh Qardawi: The amount of reward from acts of worship is not only built upon the existence of difficulty. Rather they are built upon a number of considerations and various conditions. The most important from them is sincerity to Allah, The Mighty and Sublime, and then perfecting the act of worship by improving behavior and etiquette. So as long as
there is sincerity and it is in accordance with the way it is to be performed and its etiquette, then the act of worship will have the greatest reward. Then after that there is also the difficulty contained in it. For the person who puts great struggles in his acts of worship, these struggles will not be lost with Allah, The Mighty and Sublime, on the condition that he is not making it more difficult on himself.

Suppose that a person’s house is close to the mosque. Can he go walking around, making the distance farther and increasing the steps that he takes, thus providing him with a greater reward? This is not legislated. But naturally, if the house is far from the mosque, then for each step taken is a hasana (credit). As such, the tribe of Salma left their homes on the outskirts of Medina and went to live close to the Prophet’s mosque. The Prophet (pbuh) did not permit them to do this. He ordered them to remain in their homes and he told them that for every step they take to the prayer it was considered as a good deed. So therefore these are good deeds that will be recorded for them on the balance with Allah. But still, this does not mean that a person can increase his steps or make the distance longer to gain more credits.

If a person does not have enough money for a plane to take him and he goes riding on a pack animal, walking, or on a ship that requires little money, then no doubt he has a great reward. This reward is greater than for the ones that come more or less in two hours not feeling any fatigue or exhaustion. The important thing is that he does not make it more difficult on himself. This applies to those who arrive walking while Allah has made it easy for them by means of transportation, or they come riding an animal while they have the ability to come by car. So the difficulty that a person experiences because he does not have these things will be rewarded on the condition that he does not make it more difficult on himself.

Hajj while Young

QUESTION: Is it correct to perform hajj at age 14? And if one does perform hajj at that age and then does something wrong afterwards, would this invalidate his hajj and require another?

ANSWER by Sheikh Qardawi: Hajj at the age of 14, without the individual reaching puberty, does not fulfill the Islamic obligation of hajj. The hajj that is obligatory must be performed after puberty. And puberty is either by age (usually age 15), after nocturnal seminal ejaculation or the onset of menstruation. If these have not been reached, then it is necessary to perform another hajj.

If he did something wrong after performing the obligatory hajj, then this wrongdoing does not invalidate his hajj because committing sins does not invalidate good actions. Rather this only diminishes its fruit and reduces its reward. Allah, The Mighty and Sublime, will hold the people accountable for everything big and small, whether obeying or disobeying. And the Balance on the Day of Resurrection will be the judge. It will have the good deeds on one side of the scale and the evil deeds on the other. Then it will become clear which of them is heavier – it will either be the good deeds or the evil deeds. And it is upon this that the rewards and punishments will be determined.

“So whosoever does an atoms weight of good shall see it and whosoever does an atoms weight of evil shall see it” (99:7-8).

“And we shall set up balances of justice on the Day of Resurrection, so that no soul shall be dealt with unjustly in anything. And if there be the weight of a mustard seed, we shall bring it forth. And sufficient are we as Reckoners” (21:47).

What are required from the Muslim is that his hajj be solely for Allah, and that its effects can be seen in his self and his dealings, after performing it. So therefore he repents, comes back to Allah, and does good actions. He is not to go back to his old ways, if he was from those who wronged their souls and committed wrongs from among the major sins. Rather, he is to turn a clear page and establish a faithful relation with Allah. This is the fruit of hajj that has no reward other then the gardens of Paradise.

So if the petitioner performed hajj before puberty, then he is to perform hajj another time to fulfill the obligation. And by the will of Allah, Allah will accept it from him. And I ask that he may be successful.

Seeking Blessings from Stones is Polytheism

QUESTION: At the shrine of As-Sayyid Ahmad AI-Badawi in Tanta, Egypt, is a stone hanging on the wall in one of its corners. On this stone is a deep footprint. The people wipe their hand on it trying to get blessings and asking for blessings or other things. They say: “This footprint is the imprint of the foot of the Prophet (pbuh).” Is this established fact? And is seeking blessings in this way permissible by the Sharia?

ANSWER by Sheikh Qardawi: Nothing has destroyed the Muslims except excessiveness and negligence. Some of them exceed the limits in belief until they have faith in superstitions and fairy-tales and seek blessings from stones and footprints that the religion has not legislated nor has Allah given permission for. And others are parsimonious in belief until they develop suspicion about the black stone itself. But the truth is between these two extremes. Islam has rejected seeking blessings from all stones. There are no exceptions in this except the black stone, for a wisdom that we have already mentioned. And concerning that type of stone existing in Tanta, there is no historical proof that this stone is from the prophetic era, or that the footprint is the foot of the Allah’s Messenger (pbuh). Nobody has ever had proof for this.
Second, is that Allah’s Messenger (pbuh) has never ordered his nation to wipe their hands over and seek blessings from the places where he walked and elevate it to the level of sanctity. Rather, he would warn all those from whom he smelled the scent of excessiveness from these kinds of feelings. And he would block any door from which fitnah can enter. This is why he said:

“Do not take my grave as a place for celebration.”

“Do not take my grave as an idol that is worshiped.”

“May Allah damn the Jews and Christians. They have taken the graves of their prophets as mosques.”

His companions were also upon his guidance. Umar hastened to cut down the tree of Ridwaan in Hudaybiyah, under which the believers gave their pledge of allegiance to the Allah’s Messenger (pbuh). The Qur’an has even mentioned this act. Umar, may Allah be pleased with him, cut it down when he saw some people going to it seeking blessings.

Indeed kissing the black stone is an act of worship. Actions of worship are done purely for Allah, and we are to stop right there and are not to make an analogy between this and anything else.

The best is what Umar said:

“If I had not seen the Allah’s Messenger (pbuh) kiss you, I would never have kissed you.”

As for those who use as proof the Hadeeth: “If any of you believe in a stone, it will benefit him.” what they are definitely trying to prove is clear falsehood. Ibn Hajar said about this Hadeeth: “It has no source.” And Ibn Taymiyyah said: “It is fabricated.”

The Ruling on Spending the Night in Al-Muzdalifah

QUESTION: I perform hajj every year. I do not spend the night in AlMuzdalifah but rather I stay in it for about three hours. Do I have to pay a ransom or not? I take my child with me to hajj every year. She is around 1O-12 years old and assumes the state of ihram during ha/j and umrah. Is there a ransom upon her also?

ANSWER by Sheikh Qardawi: As for the one that will spend the night in AI-Muzdalifah, the jurisprudents have differed about it. Is it obligatory for the one performing the hajj to spend the night in it like how the Prophet (pbuh) spent the night until setting out in the morning to complete the travel? Or is it just a place where one combines Maghrib and Icha’a salaah as was done by the Prophet (pbuh), and remain there for a period – which some, like the Hanbali madhab, have determined to be half of the night? And some others, like the Malikiyyah, say that it is just a place and that one does not have to stay in except for the time needed to pray Maghrib and Icha’a combined and to eat some food. Then after this there is nothing wrong for one to continue his advancement.
I believe that the Maliki madhab, in this issue, makes the way easy. And during these recent years I tend to incline towards making things easy concerning the matters of hajj. This is because I see the great amount of those who perform hajj and the tremendously huge numbers that come every year to perform this obligation. If we do not take these sayings which makes things easy, then we would over burden the people with a severe hardship which would not let us say to the people, for example: “Remain in Al-Muzdalifah until morning.” This is because they are a million and a half or more and that number might double in the future years. If the people did not depart in crowds, group-by-group, from the beginning of the night until its end, then this would create severe difficulties resulting from the overcrowding. Also, if the early scholars were to witness the severe crowding that we see today, they would have said the same as we have said. Indeed the religion of Allah is easy and has no difficulties in it. And when the Prophet (pbuh) was asked about an action of the hajj which was done before or after its appropriate time he would say: “DO, and there is no burden.” This is making it easy for the people in spite of the fact that during his time there was not the tremendous crowding that is here today.
This is why I stand with the opinion of the Malikiyyah, concerning that the person performing the hajj does not have to remain in Al-Muzdalifah except for the time it takes to pray Maghrib and Icha’a combined and to eat one’s food. This is especially for those who have with them women or young children. And our brother does not have to pay ransom.
As for the answer to the other question, as long as he makes the girl that accompanies him – and her age is around 10 to 12 – assume the state of ihram, then he is to do so for both hajj and umrah while performing Tamattu’.
Also, upon her is the ransom just like it is upon the adult. And he is to do for her what he does for himself concerning the rest of the rituals.
If she has not yet reached puberty, then there is still an obligation upon her. And for her, her father, and whoever performs hajj with her, is a reward. The Islamic obligation of hajj remains after reaching puberty by age (15) or by menstruation for the girl and wet dream for the boy. There was a woman that asked the Prophet (pbuh), while carrying a child: “Oh Allah’s Messenger (pbuh), is there a hajj for this child?” He (pbuh) said:

Yes, and for you is the reward.

Authorizing Someone to Perform Hajj on behalf of Someone Else

QUESTION: My mother and father have passed away without performing the obligatory Hajj
. Is it permissible for me to authorize someone that can to perform this obligation on their part, or is this not permissible?

ANSWERby Sheikh Qardawi: The basis of acts of worship, specifically the physical acts of worship, is that a person performs them himself. If one has not performed them himself, then it is allowable for his children to perform them for him. The Prophet (pbuh) said, “Your children are part of your earnings.” The child of a person is part of him, and he is a part of the child’s actions. It is considered as an extension for him after he dies, just as it has come in the Hadeeth: “If the son of Adam dies, his actions are ceased except three: A continuous charity, knowledge which benefits others, or a righteous son supplicating for him.”

So the righteous son is an extension of the life of his father and an extension of his existence. Understanding this it is then permissible for the children to perform hajj in lieu of their father. If they do not perform it, it is then allowable for them to send someone else to perform it for them. There was a woman who came to the Prophet (pbuh), she said that her father was an old man and was not able to handle the journey and so the obligation from Allah concerning the hajj was not performed by him and he later died. Should she perform hajj for him? He said: “Yes. Perform hajj for him.” Another woman – as was reported in the Hadeeth of Ibn Abbas – asked the Prophet (pbuh) if she should perform hajj for her mother who vowed to perform hajj for the sake of Allah but had died. He said: “Perform hajj for her. Have you seen that if she had a debt, you would have paid for her?” She said: “Yes.” He (pbuh) said:

“So pay it. For Allah has more right to be paid.” In another narration is:

“For the debt to Allah has more right to be paid.”

So, just as the son is to pay the debts of his father in the matter of concerning wealth, the same is to be done for spiritual matters and matters of worship. Therefore either the daughter or the son can perform hajj for their father or at the least they can entrust somebody to perform hajj for him. But the one that will do this must depart for hajj from the deceased’s country – the country that the deceased would have departed from. If he was from Qatar for example then the person must depart from Qatar and nowhere else. If he was from Ash-Shams, then the person departs from Ash-Shams, and so on. And this should be done unless the financial situation of the deceased is incapable of supporting this – that is if the hajj expenses will be paid by that source. Whatever is possible should be done. And if the son will authorize somebody, using his own money, to perform hajj on behalf of his father, then this should also be in accordance to whatever his financial situation will allow.
Finally, whoever would perform hajj on behalf of someone else is required to have first performed hajj for himself. And Allah knows best.

Laziness in Performing Hajj

QUESTION: What are Islam’s views on a person who had the opportunity to make Hajj, but he/she did not, would the person be punished for the delay?

ANSWER by Attya Sakr: Hajj has been made mandatory only on those who can afford it as Allah SW, and his prophet have said. It is mandatory only once lifetime as the Ulama unanimously stated. Bukhari, and Muslim have narrated that when the Prophet PBUH was asked about Hajj, he was asked do we make it every year. His response was that “if I say yes, then it would be prescribed upon you, and you won’t be able to make it annually”. However, the question remains that if the condition of Making-making is available, would be mandatory to make it immediately or can it be delayed? The majority of scholars have said it should be made “immediately”, and those who postpone it are committing a wrongdoing. If the person passes away without making it although he/she is able then they are mistaken and would be punished unless Allah SW forgives them.

In fact, the prophet PBUH has encouraged Muslims to take advantage of their health, and financial ability to make Hajj before getting sick, or financial conditions may change. It was narrated that he PBUH had said “make Hajj, you never know what will happen.” However, Imam Shafi’i said that Hajj is mandatory and no harm in delaying it. His proof is that, the Prophet PBUH has made Hajj in the tenth year of Hijrah although it was prescribed in the sixth. If it is an immediate, then the prophet would have made it immediately, but Shafi’i supports the opinion that prefers making Hajj immediately whenever conditions are conducive. The prophet PBUH said that Allah SW says “a slave of mine whom I granted good health, showered him with bounties, and five years passes and he/she doesn’t come to me in Ihram is deprived.” And when Allah SW has said “pilgrimage thereto is a duty-men owe to Allah-those who can afford the journey; but if any Deny faith, Allah stands not in need of any of his creatures.” This is why Allah SW said at the end of the verse “Allah stands not in need of any of his creatures.” In conclusion, the prophet’s Sunnah stands for the idea of making Hajj whenever conditions are available.

Getting Married or Making Hajj

QUESTION: which has the priority getting married or making Hajj. The Question is that, a father wants to make Hajj for the first time but he has a son unable to handle marriage expenses, what should come first making Hajj or assisting his son to get married?

ANSWER by Attya Sakr: A fathers is not required but encouraged to assist his son to get married, however Hajj is mandatory and one of the pillars of Islam. The father should make Hajj first because it is mandatory especially the first time. Similarly, if the father is a situation either to make Hajj or prepare his daughter for marriage, he should make Hajj.
The majority of scholars support the view of make Hajj immediately and not postponing it. The son should wait and be patient as Allah SW has said in the holy Quran “let those who find not the wherewithal for marriage keep themselves chaste, until Allah gives them means out of his grace.” 24:33 the prophet PBUH has encouraged young people to get married, but if they can’t He PBUH encouraged them to fast or seek to merry from families who makes it easy on them. There are Muslim women who would agree to merry with humble dowry.
If the young man is able financially to merry or make Hajj, what should he do? If the person is able to resist his desires, he should make Hajj before getting married because Hajj is mandatory, but if he can’t resist he should get married in order to protect himself from committing mistakes. Here marriage becomes mandatory, and Hajj can be postponed. If the father has already made Hajj once, then the choice is his to make it on more time, or assist his son or daughter in getting married.

Selling land for the sake of making Hajj

QUESTION: A person owns a piece of land that its products is only enough to sustain him and his family, and nothing extra is left. The question is that if he sells it he can make Hajj, and spent the rest on his family during his Hajj trip, therefore, should he sell it to make Hajj?

ANSWER by Attya Sakr: Imam Anawawy, in his Fatawa “number 100” stated that according to Shafi’i school of thought, he should sell it and make Hajj. This is similar to the case where a person has money and he trades with it. The question remains is that would he come back from Hajj as a bigger, and impoverished? The majority of scholars reached the decision that the principal money that only sufficient for himself and his family can’t be spent all for the sake of making Hajj because that would cause tremendous harm for himself and his dependents. Therefore, this case would be incorporated to the cases on inability to make Hajj because he is responsible for the support of himself and his family and failing to do so is greatly prohibited.

The Hanafiyyah, and Malikiyyah schools of though echoed the opinion of Shafiya, however, Imam Ahmad added the condition that the rest of the money left is sufficient to support his family indefinitely. I conclude, that the person couldn’t sell his land, which is his only source of sustenance to make Hajj because he will come back impoverished. I think this opinion corresponds with the spirit of the Islamic Shari’ah, which does not prefer that Muslims live weak and impoverished. Therefore, the condition of being able to make Hajj that is made by Sharia should be understood with what corresponds with Sharia. The prophet PBUH instructed us that we have obligation that we should be carrying out toward Allah SW, our families, and oneself and we should give each what is entitled to. The Prophet also said that Allah SW would ask us on the Day of Judgment on the things he entrusted with us, and hold us accountable. We will be accountable to our actions toward our families. The Prophet has said “It is an enough sin for those who abandon whomever they support.”

Making Hajj on the Expense of the Government or from Money Won through Contests

QUESTION: Some may claim that the state’s money is unlawful, and no person should make Hajj on the expense of the state, or use the money won through religious contest that organized by governmental agencies, what are Islam’s views on this matter?

ANSWERby Attya Sakr: Not all of state’s money is unlawful, and if the lawful got mixed with the unlawful it is ok to take it. Perhaps the money taken is from the halal/lawful part. The Prophet PBUH took the Jezya from the Jews some of it is Usury money, and trading with unlawful items. Therefore, it is allowed to make Hajj on the expense of the state, and he/she does not need to make another Hajj trip. It does fulfill the mandatory obligation. It is also allowed to make Hajj with money won of religious contests that are organized by governmental agencies. Why do we have here suspect the state’s money and accept it as salaries. We use it in our Mosques, and public facilities.

Borrowing Money to Make Hajj

QUESTION: A Muslim does not have money that is enough for making Hajj, would it be Ok for him/her to borrow money to make Hajj?

ANSWER by Attya Sakr: Hajj is only prescribed upon those who are able to make it. Financial ability is one of these conditions. If the person has money that is enough to make Hajj and at the same time more than he needs to support himself and his family, he should perform Hajj. If the person does not have money that exceeds his needs, and his family’s needs what should he do? Should he borrow money to make Hajj? No it is not obligatory to do that. However, if he is sure that he will be able to pay it back without jeopardizing himself and his family it is Ok. In fact, the Prophet PBUH when he was asked about the man who borrows money to make Hajj, He PBUH replied “No”. Scholars have interpreted the Prophet’s PBUH reply as “a prohibition”, meaning unlawful to do or Haram, while other looked at as “not recommended”.

The Hajj of the Newly Widowed Muslima

QUESTION: While I was getting ready for Hajj, my husband passed a way. I went along with my preparations and went to Hajj. I was told that my Hajj was in accurate because I was in the Eddah period.

ANSWERby Attya Sakr: There are two points here. First the Mahram, and the rights of the deceased husband. The first point I addressed it earlier. With regard to the deceased rights, she should have the Eddah. Whenever her Eddah is over she can travel. However, traveling in the Eddah period has two aspects. First, the Eddah, and obligatory nature of Hajj. Scholars have differed on this matter. The four schools of thought stated that she should stay at her house and not go to Hajj because she is considered as “unable” under this condition, and Hajj is not prescribed on “unable people” and she can make Hajj in a latter year. Some went on to say that if she already started her trip, and the news reached her of her husband’s death she should return if she has not reached the Mekat yet. The Mekat is the place of Ihram making. Raffia’s Bint Malek narrated that the sister of the Saeed Alkuhudry asked the Prophet PBUH to leave her husband’s house after his death and go to her family’s, he did not allow her to do that. Dawud Althahiri allowed her travel during the Eddah period.

To conclude, in the case of making Hajj for the first time it is Ok because the opportunity may not be available in a latter stage, however, if she already made Hajj then she should not make Hajj during the Eddah period.

The Hajj of a person suffers from a contagious disease

QUESTION: I suffer from a contagious skin disease, and I have all intention to make Hajj this year Inchallah. Can I make Hajj although I may cause other Hajjes to get infected?

ANSWER by Attya Sakr: Governments now conduct medical checkups and prevent those with contagious diseases from traveling to the holy places. If there are no such authorities, the question is would a Muslim make Hajj with the possibility of harming others. The answer is that being in the conditions of sickness means that you are unable to make Hajj until you recover. The Fiqh rule states that “preventing evil has the priority on bringing about the good” especially in the Hajj situation where the “good” goes to the individual, while the harm is on the collective. The prophet’s Sunnah shows that avoidance of contagious diseases is mandatory.

The Mekat

QUESTION: what is the Mekat?

ANSWER by Attya Sakr: Allah SW has said in the Holy Quran “they ask thee concerning the New Moons. Say: they are but signs to mark fixed periods of time. In the affairs of men, and for Pilgrimage.” 2:189 The Quran also says, “for Hajj are the months well-known. If any one undertakes that duty therein, let there be no obscenity, nor wickedness, nor wrangling in the Hajj. And whatever good ye do, be sure Allah knowth it.”2:197

Hajj is ritual like the prayer, and fasting. It should be done in a specified period of time. It can’t be done before, or after. The Hajj months are those of Shawwal, Zulki’dah, and Zulhijjah. If a person makes Ihram before Shawwal, his Hajj is inaccurate as Ibn Abbas, Ibn Omar, and Shafi’i. Abu Hanifah, Malek, and Ahmad see that the Ihram is accurate but not recommended. However, Umrah has no specified time. It can be made around the year.

Committing Mistakenly some of the Forbidden

QUESTION: What are the views on some one mistakenly, or have forgotten and violated the forbidden actions during Ihram.

ANSWER by Attya Sakr: if the Hajj committed a forbidden thing such as hunting he should make Fidya, which is compensation or a sacrifice. If he enjoyed something he should not, no Fidya is required. If he made love to his wife, scholars differed on this matter; the majority sees no need for Fidya or compensation.

An Interrupted Hajj for Medical Reason

QUESTION: I made four Tawaf around the Ka’bah, and then suddenly I fainted and was taken to a hospital. After treatment I left toward home, and did not finish the seventh rounds around the Ka’bah. Is my Hajj invalidated?

ANSWERby Attya Sakr: the majority of scholars said that making seven Tawaf is a pillar of Hajj because the prophet PBUH said “take your rituals from me”, and he did seven. It is like the prayer if you miss Rakaa, you will miss the prescribed prayers. The Prophet said “that Tawaf if like prayer but you are allowed to talk, any one who talks should only talk about what is “good” However, Imam Abu Hanifah stated that the Tawaf is four times or a -Ashwat-, the rest which are three are recommended but with a sacrifice. Accordingly, I would say that your Hajj is accurate, but you still have to make a sacrifice.

Circumambulation -Tawaf-of the Ka’bah

QUESTION: I got sick after the standing of Arafa made me unable to make the Ifada circumambulation of the kaba, would it be possible for me to ask someone to make it on my behalf?

ANSWER by Attya Sakr: Tawaf al-Ifada is a main pillar of Hajj. Missing it totally invalidates Hajj, and no sacrifice would make up this pillar. It has an indefinite time. The Hajj can do it even after the end of Zulhijjah month. Delaying it does not require a sacrifice, or a penalty on it. Allah SW has made it easy on Muslims. The Hajj can make it even riding, and he/she can’t ask anyone to do it for himself/herself. The Prophet PBUH instructed his wife Um Salama who was sick during the Ifada Tawaf, to make it riding.

Standing in Arafah

QUESTION: Muslims compete on climbing the Mount of Mercy during Hajj and the place gets so crowded. Is this climbing mandatory, is it Sunnah?

ANSWER by Attya Sakr: standing in Arafa is a pillar of Hajj, and you can stand in any place as long as you are in Arafa. The prophet PBUH said, “Hajj is Arafa”, meaning it is a main pillar of Hajj. In terms of competing to get to the Mountain of Mercy, it is not required, although Muslims compete in doing so to imitate the Prophet PBUH. There is no wrong in doing so, but it is not required.

Trading during the Hajj

QUESTION: A man makes Hajj annually. His goal is to trade, buy and sell goods is his Hajj accepted.

ANSWER by Attya Sakr: Allah SW says in the wisdom of prescribing Hajj “and proclaim the pilgrimage among men: they will come to thee on foot and mounted on every kind of camel, lean on account of journeys through deep and distant mount highways; that they may witness the benefits (provided for them, and celebrate the name of Allah, through the days appointed, over the cattle which he has provided for them for sacrifice: then eat ye thereof and feed the distressed ones in want.” The diverse. Some of them are religious while others are materialistic such as trade. This is kind of sustenance to Mecca’s residents and a reply to Ibrahim’ s prayer when he asked Allah SW to provide the people of the Holy City with sustenance till the Day of Judgment. There is no problem or harm to one’s Hajj in trading.

Using perfume during Hajj

QUESTION: When Hajj comes in summer times, sweating increases and the body’s smell changes is it Ok to shower, and use perfume?

ANSWER by Attya Sakr: One of the Hajj features is to see pilgrimage riding themselves from earthly types of beauty, perfume, or another appearance contradicts the meaning of humbleness, and equality. Thus showering, and using perfume have been made possible before the Ihram even if the smell of the perfume would last after, for a longer period. Using perfume is not allowed because the prophet PBUH asked those who wore it to wash it. There is also no reservation on using soap that has some fragrant with the objective of cleaning one’s body not to show off. It is also ok to smell fruits, mint, basil, etc. therefore, if a person used perfume or colon and he/she know the prohibition then the Fidya is mandatory. However, is he or forgotten and used colon or perfume then it is not required. The Fidya her is slaughtering a sheep, or feeding sixty poor people.

The place of slaughtering the sacrifices

QUESTION: Some people say that slaughtering animals in Mina would only lead to their rattining, would it be possible to slaughter in another place.

ANSWERby Attya Sakr: The place is near the Holy shrine in Mecca. The essence of things is that the sacrifice be made to the place where it was sent as a gift. Allah SW says in the holy Quran “to every people did we appoint rites of sacrifice, that they might celebrate the name of Allah over the sustenance he gave them from animals (fit for food).” “In them ye have benefits for a term appointed: in the end their place of sacrifice is near the Ancient House.” Therefore, the place of sacrifice is the Holy Shrines meaning in Mecca, and its surroundings of the Mina area. With regard to the distribution, Arabs even before Islam used to take advantage of the meat. They used to dry it and eat it around the year. Currently, the government supervises the process of distributing the sacrifices for Muslim countries. Some Pilgrimage makes mistakes; they only slaughter it and abandon it. The accurate thing to do is to slaughter it, clean it, and distribute it if you can, or make sure at least that it will be distributed.

Eating from the Sacrifice

QUESTION: Is it allowed for the person who is required to make sacrifice to eat some of it or he/she has to distribute it all?

ANSWER by Attya Sakr: Allah SW has said about the sacrifice “then eat ye thereof and feed the distressed ones in want” this verse is clear that it is allowed for the Hajj to eat of the sacrifice he made. Although scholars have differed on this matter, I would say eat from it and distribute what is left. This is way better than abandoning it.

The Jimar

QUESTION: When is the specified time for throwing the Jimar?

ANSWER by Attya Sakr: Jimar are three. These are the Aqaba, the Medium, and the small Jamrah. What is mandatory is that on the day of sacrifice the pilgrimage through seven stones, then shorten, or cut his hair, or shave it to release himself/herself from Ihram. At this point the pilgrimage can do all the things he/she is not supposed to do except having sex. Shafiya school of thought believes that the timing of throwing the Jimar –stones, is after midnight of the first Eid day, meaning before dawn. However, the majority of scholars believe that the timing is dawn of the first Eid day. Only those with special conditions can through the stones before dawn. The other three are to be thrown in Tashreeq days. Each of them seven. Their timing is after Dhuhr.

Women’s Period during the Hajj

QUESTION: What would a women do is she is surprised by the period during the Hajj?

ANSWER by Attya Sakr: Aisha narrated that, the Prophet PBUH came to her, he found her crying, and he said you have your period. I said, yes. He said, Allah SW has prescribed this for the daughters of Adam, do whatever other pilgrimage do except Tawaf until you wash.” Therefore, she can stand in Arafa, make Sa’ i between Assafa and Marwa, and through the Jimar. The things she is not supposed to do are: praying, Tawaf, reading Quran, staying at the Mosque, touching the Quran, and carrying it. However, she can make Takbeer, and make Tassabeeh or remembrance of God. I think, that if women are surprised by the period she should wash, and do the same hajj activities as others do. Then when the period is over she should do the Tawaf. Another related point, I don’t see a problem in taking types of medicines that may postpone periods until Hajj is over.

The Number of the Prophet’s (PBUH) Hajj and Umrah

QUESTION: How many times had the prophet PBUH made Hajj and Umrah?

ANSWER by Attya Sakr: Arabs before Islam knew hajj. The prophet PBUH made two Hajj trips before Hijrah, and one after the Hijrah, that was the Farwell Hajj. However, the prophet PBUH made Hajj annually even before the message revealed to him. Other prophets have also made Hajj to Mecca, or to the holy site before building the Mosque as it was narrated.

Deferring Hajj

QUESTION: Can the Performance of Hajj Be Deferred to a More Convenient Time or Must It Be Performed Immediately after one is Able to Do So?

ANSWER by Sayyed Sabiq: Ash-Shafi’i, Ath-Thawri, Al-Awza’i and Mohammad bin al-Hasan are of the opinion that Hajj may be performed at any time during one’s life, and there is nothing wrong if someone, for whom it is obligatory, delays it until a later date in his (or her) life, for, although Hajj was prescribed in the 6th year of Hijrah, the Prophet (peace be upon him) delayed it until the 10th year of Hijrah when he performed it along with his wives and many of his companions. Had performing it earlier been essential the Prophet (peace be upon him) would have never delayed it.
Ash-Shafi’i says: “We, therefore, are convinced that Hajj is obligatory upon a Muslim, male or female, from the age of puberty until before his death.”

Abu Hanifah, Malik, Ahmad, some of Ash-Shafi’i’s followers and Abu Yusuf are of the opinion that Hajj must be performed as soon as one is (physically and financially) in a position to do so. This opinion is based on a hadith that is related by Ibn ‘Abbas that the Prophet (peace be upon him) said: “He who intends to perform Hajj let him do so expeditiously, for he may well fall sick, may lose his mount (ability to bear expenses of the journey) or he may be prevented by some other exigency.” (Reported by Ahmad,
Al-Baihaqi, At-Tahawi and Ibn Majah) In another report by Ahmad and Al-Baihaqi, we read that the Prophet (peace be upon him) said: “Hasten to perform Hajj – the basic obligation – for you don’t know what might happen to you,” meaning “one may fall sick or be prevented by some other exigency.” The earlier scholars interpreted these ahadith saying it was commendable for a person to perform Hajj as soon as possible provided he had the ability to do so.

Hajj is Obligatory Only Once in Life

QUESTION: How many times should a Muslim perform Hajj?

ANSWER by Sayyed Sabiq: There is consensus among Muslim scholars that Hajj is obligatory only once during the lifetime of a Muslim, unless someone vows to perform extra Hajj, in which case he must fulfil his vow. Whatever is done over and above is supererogatory or optional.

Abu Hurairah narrates that once, in a sermon, the Prophet (peace be upon him) said: “O people! Allah has prescribed Hajj for you, so you must perform it.” A man asked: “Every year, O Prophet of Allah?”
The Prophet (peace be upon him) remained silent. When the man repeated it thrice, the Prophet (peace be upon him) said: “Had I said ‘yes’, it would have become a yearly obligation, and this would have been beyond your power.” Then he added: “Leave me alone so long as I leave you alone (i.e., do not pester me with questions about things which I omit and do not mention). Some people who lived before you were destroyed because they asked too many questions and disagreed with their Prophets. So when I command you to do something, you must obey and do it to the best of your power, and if I forbid you from something, then avoid it.” (Bukhari and Muslim)

Ibn ‘Abbas narrates that once the Prophet (peace be upon him) addressed us and said: “O People! Hajj has been prescribed for you.” At this Al-Aqra’ bin Habis stood up and asked: “O Prophet of Allah! Are we to perform Hajj every year?” The Prophet (peace be upon him) said: “Had I said ‘yes’, it would have become a (yearly) obligation, and had it become a (yearly) obligatory duty you would have failed to keep it. Hajj is obligatory only once in one’s lifetime. Whatever one does over and above this is supererogatory (a voluntary act) for him. (Reported by Ahmad, Abu Daw’ud, Nasa’i and Al-Hakim, who regards it a sound hadith).

Hajj Wipes Off Past Sins

QUESTION: Is it true that Hajj wipes off all the past sins?

ANSWER by Sayyed Sabiq: Abu Hurairah reported that the Prophet (peace be upon him) said: “He who performs Hajj for Allah’s pleasure and avoids all lewdness and sins will return after Hajj free from all sins as he was the day his mother gave birth to him.” (Bukhari and Muslim)

‘Amr ibn al-‘As says: “When Allah guided me to Islam, I went to the Prophet (peace be upon him) and said to him: ‘O Prophet of Allah! Stretch out your hand so that I may pledge my allegiance to you.’ The Prophet (peace be upon him) stretched out his hand to me, but I withdrew my hand. The Prophet (peace be upon him) asked: ‘O ‘Amr! What is the matter with you?’ I said: ‘I would like to stipulate a condition! ‘ The Prophet (peace be upon him) asked: ‘What is it?’ I said: ‘That all my past sins be forgiven!’ The Prophet (peace be upon him) said: ‘O ‘Amr! Do you not know that Islam wipes off all past sins, and hijrah (leaving ones home and hearth for Allah’s cause) wipes off all sins, and (similarly) Hajj wipes off all past sins!”‘ (Muslim)

Abdullah ibn Mas’ud narrated that the Prophet (peace be upon him) said: “Alternate between Hajj and ‘Umrah (regularly), for these two remove poverty and sins just as the blacksmith’s bellows removes all impurities from metals like iron, gold and silver. The reward for Hajj Mabrur is nothing short of Paradise.” (Nasa’i and Tirmidhi, who regards it a sound hadith)

The Reward of Hajj is Paradise

QUESTION: What is the reward of Hajj?

ANSWER by Sayyed Sabiq: Abu Hurairah says the Prophet (peace be upon him) said: “All sins committed in between the performance of one ‘Umrah and another are expiated and erased, and the reward of Hajj Mabrur is nothing save Paradise.” (Bukhari and Muslim)

In another sound hadith Ibn Joraij relates from Jabir that the Prophet (peace be upon him) said: “This House of Allah (the Ka’bah) is the pillar of Islam, so whosoever heads to it with the intention of performing Hajj or ‘Umrah is under Allah’s security. If he should die (during his trip) he is granted Paradise, and if he returns home safely, he returns with reward and gain.”

Prerequisites for Hajj

QUESTION: What are the prerequisites for Hajj?

ANSWER by Sayyed Sabiq: There is a consensus among jurists concerning the prerequisites that must be found in a person for Hajj to be incumbent on him:

He must be a Muslim.
He must be an adult.
He must be of a sound state of mind.
He must be free.
He must have the necessary power and ability.

Anyone lacking any of these conditions is not obligated to perform Hajj. All these conditions, that is, being a Muslim, being of adult age and of sound mind, being free, and possessing the power to discharge a duty are equally valid with respect to all other forms of worship in Islam. This is based on a hadith of the Prophet (peace be upon him) which says: “Three persons are not to be held accountable: a sleeping person until he awakes, a minor until he comes of age, and a mentally disturbed person until he regains his reason.”

Freedom is an essential prerequisite for Hajj, for this worship needs time as well as financial ability. The Qur’an says: “Pilgrimage thereto is a duty men owe to Allah – those who can afford the journey” (3.97).

A Woman Should Seek Her Husband’s Permission for Hajj

QUESTION: Can a Muslim woman perform Hajj without the permission of her Husband?

ANSWER by Sayyed Sabiq: It is desirable for a woman to seek her husband’s permission for the prescribed Hajj. Then if he grants her the permission she may leave for Hajj; in case he refuses to give permission, she may still proceed for Hajj, for a husband should not forbid his wife from performing obligatory Hajj. It is an obligatory act of worship. It is unlawful to obey anyone in something that involves disobedience to Allah. A woman should perform obligatory Hajj as soon as possible, just as she should offer her prescribed daily prayers at their earliest prescribed times. In either case a husband has no right to prevent his wife from doing what is her obligatory duty.
The same applies when a wife has vowed a Hajj, because it is obligatory like the prescribed Hajj. In the case of supererogatory Hajj, however, the husband may prevent his wife, and the wife must obey her husband. This is supported by a hadith reported by
Ad-Daraqutni on the authority of Ibn ‘Umar who narrated that while speaking about a wealthy lady whose husband had refused to give her permission to perform Hajj, the Prophet (peace be upon him) said:
“She must not go for Hajj except by her husband’s permission.”

A Person Dies Without Performing Obligatory Hajj

QUESTION: What Islam says about a person who Dies Without Performing Obligatory Hajj?

ANSWERby Sayyed Sabiq: If a person dies before performing obligatory Hajj or if one vowed to perform Hajj but died before fulfilling one’ s vow, his heir must assign someone to perform Hajj on behalf of the deceased. All the ensuing expenses in this regard must be paid out of the deceased’s property, as indeed must he leave any debts.

Ibn ‘Abbas narrates that a woman from the tribe of Johainah came to the Prophet (peace be upon him) and said: “My mother had vowed to perform Hajj but she died before fulfilling her vow, should I perform Hajj on her behalf? The Prophet (peace be upon him) said: “Yes, perform Hajj on her behalf. Would you not pay off any debts your mother might have left behind upon her death? Pay off what you owe to Allah, for He is most deserving of settlement of His debt.” (Bukhari)

This hadith underlines the obligation of performing Hajj on behalf of a deceased person, whether or not he leaves a will to this effect (it is a kind of debt for the deceased), and all debts left by the deceased must be settled, just as all other financial obligations such as zakah, an atonement or a vow transacted by the deceased has to be fulfilled.

Ibn ‘Abbas, Zaid bin Thabit, Abu Hurairah, and Ash-Shafi’i hold this opinion. They consider that the expenses of the substitute (the hired person) must be paid out of the wealth of the deceased before dividing it up among his heirs.

In case the wealth is insufficient to cover both the cost of Hajj (by the substitute) and settlement of the deceased’s debts, the expense of Hajj must be paid first, as the Prophet
(peace be upon him) said: “Allah is most deserving that His debt be paid back.”

Imam Malik says: “A person may perform Hajj on behalf of the deceased only if the deceased leaves a will to that effect. If the deceased leaves no such will, then a Hajj on his behalf may not be performed, for this worship involves, more than anything else, physical exertion and struggle and as such, no other person can replace or substitute another person. If a deceased makes a will regarding it, then Hajj may be performed, meeting all its cost from out of one third of the share of his heritage.”

Getting a Loan for Hajj

QUESTION: Is it allowed to get a loan for Hajj?

ANSWER by Sayyed Sabiq: Abdullah ibn Abi ‘Awfa relates: “I asked the Prophet (peace be upon him) about a man who has not performed Hajj, ‘Should he not get a loan to perform Hajj?’ The Prophet (peace be upon him) replied: ‘No”‘ (Al-Baihaqi).

Performing Hajj with Unlawfully Gained Money

QUESTION: Is it allowed to perform Hajj with Unlawfully Gained Money?

ANSWER by Sayyed Sabiq: Someone performing Hajj with unlawfully gained money may technically fulfill his prescribed duty of pilgrimage, but according to the majority of the scholars, he will be guilty of sin for doing so. Imam Ahmad disagrees and holds that such a Hajj is not enough for a person to absolve him of his prescribed obligation, and this is more correct as the sahih hadith says: “Surely, Allah is Pure, and He does not accept anything but what is pure (and clean).” Also it is reported by Abu Hurairah that the Prophet (peace be upon him) said: “As soon as a pilgrim sets out for Hajj with a provision which is lawful, and puts his foot in the stirrup (rides his mount) and calls out: ‘O, Allah! Here I am in response to your call,’ an announcer answers him from the heavens above, saying: ‘Your call has been heard; you are a happy one; your provisions are lawful, your mount is lawful and your pilgrimage is free of sin and acceptable.’ But, if his provisions are unlawfully gained, and he puts his foot in the stirrup and calls out:
‘O Allah! Here I am in response to Your call,’ an announcer from the heavens above answers him back, saying: ‘Your call is not accepted; nor are you welcome; your food is unlawful; your provisions are unlawful; and your pilgrimage is not free of sin and is unacceptable.”‘ Al-Mundhri says: “This is reported by At-Tabarani in Al-Awsat, and also by Al-Asbahani in a mursal hadith from Aslam, the freed slave of ‘Umar bin al-Khattab.”

Sexual Intercourse Nullifies Hajj

QUESTION: Is there any bad consequences on Hajj if a pilgrim did sexual intercourse with his wife?

ANSWERby Sayyed Sabiq: Ali, ‘Umar and Abu Hurairah issued a verdict concerning a man who had sexual intercourse with his wife in the state of ihram. In this verdict they said: “They both must complete their Hajj, but must also make another Hajj the following year and slaughter an animal.”

Abu Al-‘Abbas At-Tabari said: “If a muhrim had sexual intercourse with his spouse before the first tahallul” from ihram, regardless of whether it was before or after ‘Arafah, it will invalidate his Hajj. Such a person, however, must continue performing the rest of his Hajj rites. He must slaughter a camel and make up for his Hajj the following year.”

If the wife was in the state of ihram and she accepted what her husband did, she must continue the performance of Hajj, but must also make it up the following year, and besides, according to the majority of the scholars, must also offer a sacrifice. According to ‘Ata some scholars hold that the husband and wife may offer only one sacrifice.

In his commentary on hadith, Sharh Al-Sunnah, Al-Baghawi said – and this is the more famous of the two sayings of Ash-Shafi’i – that a man is required to pay the penalty for sexual intercourse on a day in Ramadan. Such a couple should keep apart (Doing so is mandatory according to Ahmad and Malik, but the Hanafi and Shafi’i schools take it as a recommendation) when they go to make the next Hajj (in compensation for the first one) lest they should repeat what they did before.

If such a man is unable to slaughter a camel, then he may slaughter a cow. If he cannot afford it, then he may slaughter seven (7) sheep. And if he is even unable to do that, then he may estimate the value of the camel, and distribute food of that amount among the poor and needy people, so that every person receives one mudd. If he is unable to do so then he should fast a day for each mudd thereof.

The scholars said: If a muhrim had sexual intercourse with his spouse before the Day of ‘Arafah, then his Hajj will be null and void, and he will have to offer in sacrifice a sheep or one-seventh of a she camel. But if he did so after the Day of ‘Arafah, his Hajj will not be invalidated, but he will have to slaughter a camel.
In case such an act is committed by a qarin pilgrim – one combining Hajj with ‘Umrah – he must make up for this Hajj qarin with another Hajj qarin and offer another sacrifice just as the pilgrim performing Hajj only does.

Sexual intercourse, if it happens after the first break in ihram (following throwing pebbles and shaving one’s head at Mina), does not invalidate Hajj nor does it require Hajj to be repeated later. This is the view of most of the knowledgeable people. But others hold that making up Hajj and offering a sacrifice is mandatory.
This is the opinion of Ibn ‘Umar, Al-Hasan, and Ibrahim. There is also disagreement as to what animal is to be offered in sacrifice, a sheep or a camel?

Ibn ‘Abbas, ‘Ikrimah, and ‘Ata are of the view that it must be a camel; this is also one of the opinions of Ash-Shafi’i.
According to a second opinion of Ash-Shafi’i, a sheep must be offered in sacrifice. Malik agrees with this second opinion.

A muhrim, who had a wet dream or ejaculated by thinking about or looking at a woman, incurs no penalty, according to the Shafi’i school.

These scholars, however, hold that if one kisses or touches his spouse with a sexual desire, he must offer a sheep in sacrifice regardless of whether he ejaculates or not. Ibn ‘Abbas holds that such a person incurs penalty and he must slaughter a sheep.
Mujahid said: “A man came to Ibn ‘Abbas and said to him: ‘such and such a woman came to me with all her make up while I was in the state of ihram. I could not control myself, and ejaculated. (What should I do?)’ Ibn ‘Abbas laughed until he fell on his back and said: ‘You are very lustful. There is no harm. But you must slaughter a sheep. Your Hajj is complete’.” This was reported by Sa’id Ibn Mansur.

Fiqh of Hajj:

Taken from Fiqh us-Sunnah

Can the Performance of Hajj Be Deferred to a More Convenient Time or Must It Be Performed Immediately after One is Able to Do So?

Ash-Shafi’i, Ath-Thawri, Al-Awza’i and Mohammad bin al-Hasan are of the opinion that Hajj may be performed at any time during one’s life, and there is nothing wrong if someone, for whom it is obligatory, delays it until a later date in his (or her) life, for, although Hajj was prescribed in the 6th year of Hijrah, the Prophet (peace be upon him) delayed it until the 10th year of Hijrah when he performed it along with his wives and many of his companions. Had performing it earlier been essential the Prophet (peace be upon him) would have never delayed it.
Ash-Shafi’i says: “We, therefore, are convinced that Hajj is obligatory upon a Muslim, male or female, from the age of puberty until before his death.”

Abu Hanifah, Malik, Ahmad, some of Ash-Shafi’i’s followers and Abu Yusuf are of the opinion that Hajj must be performed as soon as one is (physically and financially) in a position to do so. This opinion is based on a hadith that is related by Ibn ‘Abbas that the Prophet (peace be upon him) said: “He who intends to perform Hajj let him do so
expeditiously, for he may well fall sick, may lose his mount (ability to bear expenses of the journey) or he may be prevented by some other exigency.” (Reported by Ahmad,
Al-Baihaqi, At-Tahawi and Ibn Majah) In another report by Ahmad and Al-Baihaqi, we read that the Prophet (peace be upon him) said: “Hasten to perform Hajj – the basic obligation – for you don’t know what might happen to you,” meaning “one may fall sick or be prevented by some other exigency.” The earlier scholars interpreted these ahadith saying it was commendable for a person to perform Hajj as soon as possible provided he had the ability to do so.

Hajj is Obligatory Only Once in Life

There is consensus among Muslim scholars that Hajj is obligatory only once during the lifetime of a Muslim, unless someone vows to perform extra Hajj, in which case he must fulfill his vow. Whatever is done over and above is supererogatory or optional.

Hajj Wipes Off Past Sins

Abu Hurairah reported that the Prophet (peace be upon him) said: “He who performs Hajj for Allah’s pleasure and avoids all lewdness and sins will return after Hajj free from all sins as he was the day his mother gave birth to him.” (Bukhari and Muslim)

The Reward of Hajj is Paradise

Abu Hurairah says the Prophet (peace be upon him) said: “All sins committed in between the performance of one ‘Umrah and another are expiated and erased, and the reward of Hajj Mabrur is nothing save Paradise.” (Bukhari and Muslim)

Prerequisites for Hajj

There is a consensus among jurists concerning the prerequisites that must be found in a person for Hajj to be incumbent on him:

He must be a Muslim.
He must be an adult.
He must be of a sound state of mind.
He must be free.
He must have the necessary power and ability.

Freedom is an essential prerequisite for Hajj, for this worship needs time as well as financial ability. A slave lacks both, for all his time is spent in the service of his master, and financially he lacks the ability to undertake this obligation. The Qur’an says: “Pilgrimage thereto is a duty men owe to Allah – those who can afford the journey” (3.97).