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| # Being mustaṭī | | # Being mustaṭī |
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| The first condition is sanity. Therefore, hajj is not obligatory upon an insane person. The second condition is 'maturity'. Hajj is not obligatory for a person before the age of shar'ī puberty (even in case they are going to be 'mature' in the near future) and if they perform hajj during this period, it will not be sufficient to remove the obligation of ḥajjat al-Islam and replace it, although it is valid.
| | ==Hajj on Behalf== |
| | {{main|Hajj on Behalf}} |
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| For obligatory hajj, it is not necessary for a woman to seek permission from her husband. Even in state of disagreement of her husband, hajj is obligatory for her. For validity of hajjat al-Islam, it is not obligatory for a qualified person to seek the permission of his parents.
| | If a person was mustaṭī' for hajj and hajj became obligatory for him but now does not have power to perform hajj due to old age, sickness, or unbearable hardship and has no hope of recovery and power to perform hajj without hardship in the coming years, it is obligatory for him to hire someone to perform hajj on his behalf. However, if hajj did not become fully obligatory for him, he is not required to hire someone else for this purpose. |
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| The third condition is being mustaṭī' which includes the following:
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| * Financial ability;
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| * Physical ability;
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| * Availability of a safe route;
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| * Availability of time.
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| ===Financial Ability===
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| The term financial ability is classified into four categories:
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| * Provisions for travelling and transportation;
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| * Provision for the family while he is in journey;
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| * Basic necessities of life during the pilgrimage; and
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| * Ability to sustain normal life after pilgrimage.
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| ====Provisions for Travelling and Transportation====
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| Provisions mean everything that one needs during his travel such as food, water, clothing, and other basic necessities of traveling along with a means of transportation, like a car.
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| Hajj is not obligatory for a person who does not have provisions and means of transportation or the means to procure them. Though he can achieve the ability for hajj by working and trading, until he achieves that status hajj is not obligatory for him.
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| Obligation of hajj is conditional upon having enough money to return to their own city or the place they want to go. If a person does not have money to spend on hajj but he has given some amount of money as loan, he must claim that amount from the debtor if the loan is due, the debtor holds the capacity to return it, it is not unbearably hard for him to ask it back, and by receiving the money he will be financially able to go to hajj and return.
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| If a woman's marriage portion is adequate for hajj expenses, and she demands his marriage portion from her husband but her husband does not have enough wealth to pay her, she cannot demand it from him and she is not considered mustaṭī'. If the husband is financially stable, and her claim does not lead to a vile consequence, it is obligatory that she demands her marriage portion from her husband and perform hajj with it. However, if her claim results in divorce or dispute, demanding the marriage portion is not obligatory for her and she is not considered mustaṭī'.
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| If a person is unable to bear the expenses for performing hajj but it is possible for him to take loan — which he can repay it easily — to meet its expenses, it is not obligatory for him to get the loan and become mustaṭī'. However, if he does so, he will become mustaṭī'.
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| For a person who has to pay his debt and he has not the money except his hajj expenses to repay the debt, hajj is obligatory for him only if he has enough time to pay back the debt and he is confident that he can repay the debt on time. Similarly, if the date for payment of the debt has approached but the creditor agrees to defer his debt and the loaner is confident that he can repay it when creditor demands, the person is obligated to perform hajj. Apart from these two cases, hajj is not regarded as obligatory for such a person.
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| If a person needs to marry, avoiding marriage brings about difficulty and problem and he can marry, he will be considered mustaṭī' when he has enough money for hajj as well as for marriage.
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| Regarding the transportation expenditures such as a car, airplane etc., if the cost is higher in the year in which he becomes mustaṭī' but he is able to pay the expenses without unbearable hardship, hajj is obligatory for him. A mere high price of things does not prejudice the state of being mustaṭī'.
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| But, if he is unable to pay extra cost or it amounts to oppression, it is not obligatory to pay it and he is not mustaṭī'. The same rules apply if he is to pay higher for hiring/buying what he needs during hajj journey or he should sell his property for a price less than its market price to provide for his hajj expenses.
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| The criterion for being mustaṭī' is normal method of going to hajj. If he believes that he does not have enough money to perform hajj in a normal way but thinks there may be a cheaper way compatible with his current financial status, it is not obligatory for him to investigate and hajj is not obligatory for him. On the other hand, if a person doubts his being mustaṭī' as he does not know how much money/wealth he has, it is obligatory for him to scrutinize his situation.
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| ====Provision for One's Family While He is in Journey====
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| Meeting the financial needs of the family members during the journey is one of the conditions of financial ability.
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| By family members whose provisions are considered a condition in determining financial ability for hajj are meant one's dependents as per common view, although providing their maintenance is not obligatory in Islamic law.
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| ====Necessities of Life and Livelihood====
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| Meeting the basic necessities of life as per a person's social status is a condition for hajj to be obligatory. It is not necessary that the very basic necessities of life exist; it suffices that one has the money or property to spend for this purpose.
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| As social status varies from person to person, if a person considers possessing his own home as a need and essential for his social position, and a borrowed or endowed house may cause hardship or disgrace to him, then possessing a house will be one of the conditions to be mustaṭī'.
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| If one possesses a sum of money/property that is adequate to meet hajj requirements but the amount is needed for a necessary deed such as buying a house, treatment of illness or running the routine expenses, the person is not mustaṭī', and hence hajj is not obligatory for him.
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| Keeping the provision itself and sources of travelling itself is not a condition for a person to be mustaṭī' for hajj. But, if he has a property or money for purchasing provisions of travelling, it is sufficient to be considered as mustaṭī'.
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| If a person has all the basic necessities of life in surplus, can spend the extra to meet the hajj requirements, and this does not cause any hardship, he is mustaṭī' for the hajj.
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| For a person who sells a piece of land or something else to buy a house, if having a house is necessary for him or having a house is appropriate to his social position, he will not be mustaṭī' for hajj by getting the land, even though the proceeds are equal to the expenditures of hajj.
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| If a person does not need a property any more – even if it is some books – and by gaining money through selling them he will have an amount sufficient to fulfill needs for hajj, he is mustaṭī' for hajj.
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| ====Returning with Competence of Earning Livelihood====
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| Returning from hajj in state of capability to earn one's livelihood is one of the conditions for financial ability for hajj. (However, this is not a condition in hajj on gift as it will be described in details). It means that after returning from hajj one should have a sufficient source of income for him and his family in accordance with their social status —as per common view— for instance trade, agriculture, industrial activity, job or profit from property such as a garden or a shop as a source of income). As for students of an Islamic seminary, if the stipends maintain their life after return from hajj, they will be mustaṭī' for hajj.
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| Returning a woman from hajj in state of capability to have her livelihood is one of the conditions for her to be mustaṭī' as well. Therefore, if she is married and becomes mustaṭī' while her husband is alive, her husband's providing her after hajj fulfills this condition. If she is single, she should have a source to earn money and leads a life compatible with her social status. Otherwise, she is not mustaṭī'.
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| If a person with limited income is assured by a person that he will pay for his hajj expenditures, and takes full responsibility for it, hajj is obligatory for him. This type of hajj is called hajj on gift, and in this type of hajj competence of source of income is not a condition. It is not necessary that the contributor gives food, transportation, etc.; rather, his paying enough money has the same rule. However, if the contributor gives him money as a gift enough to cover hajj expenditure without specifying it for hajj, then if the latter accept the gift, hajj is obligatory for him. Yet, it is not obligatory to accept the gift and he may reject it and as a result he will not become mustaṭī'.
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| Hajj on gift is a valid substitute for hajjat al-Islam and it is not obligatory to perform hajj again if the person who performed hajj becomes mustaṭī' later. If a person is invited by an institution or a person to go for hajj but in compensation for some work, this does not classify as hajj on gift.
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| A person who becomes mustaṭī' for hajj cannot disqualify himself for hajj by spending money when it is the time for spending money on hajj. Moreover, on the basis of obligatory caution, he should not disqualify himself before this time.
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| Being mustaṭī' or having financial ability for hajj is not confined to one's native country. This implies that if a person gains financial ability even at mīqāt, hajj becomes obligatory for him and this hajj replaces ḥajjat al-Islam.
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| If a person becomes mustaṭī' for hajj at mīqāt like the servants in the caravans and other assistants, and all the provisions of the family as per their social status as well as the amount to sustain life after hajj are adequate, then hajj becomes obligatory for them and this hajj replaces ḥajjat al-Islam; otherwise his hajj is mustaḥabb, and later, if he becomes mustaṭī' for hajj, hajjat al-Islam will be obligatory for him.
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| If a person is hired to serve others during the occasion of hajj and he becomes mustaṭī' for hajj by receiving the wage, he has become mustaṭī' for hajj after concluding the hire deed provided that his services as an assistant do not hinder the rites of hajj. Otherwise, he will not become mustaṭī' for hajj. Nevertheless, it is not obligatory for him to accept such a contract.
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| For a person who is not financially able to go to hajj and is hired for hajj on behalf of another person, if he becomes able for hajj by earning an amount of money other than that of being hired for hajj, it is obligatory for him to perform ḥajjat al-Islam first. If the hiring contract specify the time of hajj on behalf for this year, this contract is invalid; otherwise he must perform hajj on behalf of the other person in the next year.
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| If a person, due to negligence or on purpose, intends mustaḥabb hajj —though his purpose is performing the rites of hajj as rehearsal and he wants to perform the rites of hajj the next year with greater perfection or thinks that hajj is not obligatory for him– but he comes to know later that he was mustaṭī', his hajj does not replace hajjat al-Islam. By caution, he should perform obligatory hajj the next year. That said unless thinking his duty was mustaḥabb hajj, intended performing his actual duty. In this case, his hajj replaces the ḥajjat al-Islam.
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| ===Physical Ability===
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| Physical ability refers to power and strength to perform the rites of hajj. Hajj is not obligatory for the sick and aged who cannot go to hajj or it is unbearably hard and difficult for them to do so.
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| Stable physical ability is a condition for being mustaṭī'. Thus, if a person travels with an intention to perform hajj but contracts a disease that prevents him from traveling during his journey, or before wearing iḥrām and it becomes clear that he cannot fulfill the rites of hajj, it shows that he was not mustaṭī'. Therefore, it is not obligatory for him to hire someone to perform hajj on his behalf.
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| In case, he became mustaṭī' years ago and hajj was established to be obligatory for him, now that he contracts the disease as mentioned above and does not hope that he may recover and perform hajj himself even in the future, he should hire someone to perform hajj on his behalf.
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| However, if he is hopeful that he would recover and would be able to perform hajj next year or later, it is obligatory for him to perform hajj himself. However, if one becomes sick after wearing iḥrām, he is subject to its special rulings and commandments.
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| ===Ability of Road Safety===
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| This refers to safety along the route to hajj. Hajj is not obligatory for a person for whom the route is closed in such a way that he cannot reach the point of mīqāt or he cannot complete his rites of hajj. Likewise, if the route is open for a person but it is unsafe for hajj and there is danger for his life, honor, or wealth, hajj is not obligatory for him.
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| Issue 69: If a person has enough money for hajj and he gets registered for performing hajj without delay but his name does not appear in the draw and he cannot go for hajj the same year, he is not qualified for hajj and hajj is not obligatory for him. However, if going to hajj involves registration process and payment of a sum so that he may perform hajj the next year, as an obligatory caution, he should make efforts for it.
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| D) TIME ABILITY
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| Issue 70: Time adequacy refers to having enough time to perform the rites of hajj during the specific days of hajj. So if a person becomes mustaṭī' for hajj when he cannot perform rites of hajj due to lack of time or huge trouble and difficulty, hajj is not obligatory for him that year.
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Importance
Hajj is one of the most integral pillars of Islam upon which Islam has been established. Imam Baqir (a) says "Islam has been established on the following five elements: prayer, zakat, fast, hajj and wilaya".[1]
Hajj holds immense virtue and abundant reward. Many traditions have been narrated from the Holy Prophet (s) and Ahl al-Bayt (a) on the merits of hajj. Imam al-Sadiq (a) says: "Those who perform hajj and 'umra form the delegation of Allah; if they beg Him, He will grant them; if they call upon Him, He will answer them; if they want to intercede for others, He will accept it; and if they keep quiet, He will speak on their behalf, and they will be compensated with a reward of one million dirhams for the expense of one dirham".[2]
In the light of many verses and hadiths, a person who has qualified for Hajj and is well aware that hajj is obligatory upon him and yet does not perform it has committed a major sin.
Allah Almighty says in the Holy Qur'an:
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وَلِلّهِ علَیَ النَّاسِ حِجُّ الْبَيْتِ مَنِ اسْتَطَاعَ إِلَيْهِ سَبِيلاً وَ مَن كَفَرَ فَإِنَّ الله غَنِيّ عَنِ الْعَالَمِينَ
Pilgrimage to the House is a duty imposed upon mankind by God for everyone who can afford a way to it. Anyone who disbelieves will find that God is Transcendent beyond any need of the Universe".[3]
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It is narrated from Imam al-Sadiq (a): "If a person dies and does not perform hajj while there was no pressing need, severe illness, or any cruel ruler which may prevent him from performing it, he will die as a Jew or a Christian".[4]
Hajj on Bahalf
Hajj on behalf is the hajj performed on behalf of another person, whereas hajj for oneself is hajj accomplished for oneself.
Recommended Hajj
Hajj for oneself is further classified into two forms: obligatory hajj and recommended hajj.
Obligatory Hajj
The obligatory hajj becomes an obligation in itself according to the Islamic law, or it becomes obligatory because of nadhr or invalidation of previous hajj.
Types
For every kind of hajj, that is, ḥajjat al-Islam and hajj on behalf there are rulings and conditions.
Obligatory hajj is further classified into three forms:
- Al-Tamattu': is obligatory for a person whose homeland is located at a distance more than 90 km from the holy city of Mecca
- Al-Ifrād,
- Al-Qirān.
Hajj al-ifrād and hajj al-qirān are obligatory for people who reside within the holy city of Mecca or those who are settled at a distance less than the aforementioned one.
Hajj al-Tamattu'
Hajj al-tamattu' differs from hajj al-ifrād and hajj al-qirān with regard to rituals.
The basic feature that distinguishes hajj al-tamattu' from hajj al-ifrād and hajj al-qirān is 'umra. Hajj al-tamattu' comprises two parts: 'umra and hajj. It starts with 'umra. A gap exists between 'umra and hajj during which the pilgrim comes out of iḥrām state and is allowed to al-tamattu' (literally enjoy) things which are prohibited for a muḥrim (a person who is in state of iḥrām). Both 'umra al-tamattu' and hajj al-tamattu' should be performed in the same year.
Hajj al-ifrād and al-qirān comprise only hajj rituals, and 'umra in these cases is considered an independent worship termed as 'umra al-mufrada. So, a person may perform 'umra al-mufrada in one year and hajj al-ifrād/al-qirān in another year.
'Umra al-tamattu' and al-'umra al-mufrada have common rites and differences.
Similar to hajj, 'umra is sometimes obligatory and other times it is mustaḥabb.
In Islamic jurisprudential rulings, 'umra is obligatory once in life. If a person fulfills the required conditions of 'umra, he should perform it. Like hajj, it is obligatory for those who are mustaṭī' to perform 'umra as soon as possible. For those who reside in Mecca or its vicinity (not further than ninety km from Mecca), being mustaṭī' for hajj is separable from being mustaṭī' for 'umra. Therefore, if a person is mustaṭī' only for one of them, he should perform it as soon as possible.
It is noteworthy to mention here that this rule is specific only for those who live in the holy city of Mecca or reside at a distance of less than ninety kilometers from the holy city of Mecca. With regard to the people living far from Mecca and their duty is to perform hajj al-tamattu', ability and qualification for hajj and 'umra is not separate from each other because hajj al-tamattu' includes 'umra al-tamattu' and hajj and both of them should be performed in the same year.
It is not lawful for a person intending to perform hajj or 'umra to enter the Holy City of Mecca without iḥrām. And if he wants to enter in the Holy city of Mecca in days other than hajj season, it is obligatory for him to enter the Holy City with iḥrām of al-'umra al-mufrada. However, the following two groups are exempted from this commandment:
- Those who frequently visit the holy city of Mecca for job/occupational purposes.
- Those who have exited the Holy city of Mecca after performing the rites and acts of hajj/'umra and want to re-enter the holy city of Mecca during the same [lunar] month.
The repetition of 'umra is recommended similar to repetition of hajj and there lies no particular gap limit between two 'umras. But, on cautionary terms one can perform only one 'umra for himself within a month. If he performs two 'umras on behalf of others or he performs one 'umra for himself and the second for another person, this caution is not necessary. Therefore, if he performs the second 'umra on behalf of another person, it is permissible for him to receive the wages of performing 'umra and 'umra al-mufrada will be sufficient for the performer whether it is obligatory or not.
Hajj al-tamattu' includes two acts: 'umra al-tamattu' and hajj al-tamattu'. 'Umra al-tamattu' is prior to hajj al-tamattu' and both these acts have specific deeds which are discussed below.
The deeds of 'umra al-tamattu':
- Wearing iḥrām (hajj dress) from a mīqāt;
- Ṭawāf around the Holy Ka'ba;
- Prayer of ṭawāf;
- Sa'y (to walk) between the mountains of Safā and Marwa;
- Taqsīr (cutting a small quantity of hair or nail)
The deeds of hajj al-tamattu' are mentioned below:
- Iḥrām (wearing dress of hajj) in the holy city of Mecca;
- Wuqūf (staying) in 'Arafāt from the noon of the ninth of Dhu l-Ḥijja to sunset;
- Wuqūf (staying) in al-Mash'ar al-Ḥarām on the night before the tenth of Dhu l-Ḥijja to sunrise;
- Stoning at Jamara al-'Aqaba on the day of Eid al-Adha (the tenth of Dhu l-Ḥijja);
- Slaughtering animal;
- Shaving head or taqsīr (cutting a small quantity of hair or nail);
- Ṭawāf around the Holy Ka'ba;
- Prayer of ṭawāf ;
- Sa'y (to walk) between the mountains of Safā and Marwa;
- Ṭawāf of nisā' (women);
- Prayer of ṭawāf of nisā';
- To stay awake during the night before the eleventh in Minā;
- Stoning three jamaras on the eleventh of Dhu l-Ḥijja;
- To stay awake during the night before the twelfth in Minā;
- Stoning three jamaras on the twelfth of Dhu l-Ḥijja.
Hajj al-ifrād and hajj al-tamattu' are similar in terms of rituals and acts of worship except for one major difference of animal slaughtering. It is mandatory in hajj al-tamattu' whereas it is a recommended act in hajj al-ifrād.
'Umra al-mufradah is similar to 'umra al-tamattu' except for the following differences:
- The rituals of 'umra al-tamattu' comprise taqsīr as obligatory act; whereas in 'umra al-mufrada, it is optional for the men, i.e. either he can have his head shaved or perform taqsīr. The rulings for the women are that they should perform taqsīr in both 'umra al-mufrada and 'umra al-tamattu'.
- In 'umra al-tamattu, ṭawāf of nisā' and its prayer are not obligatory. However on the basis of caution, one should perform both of them before taqsīr with the intention of rajā' (hope of being desired by Allah). In 'umra al-mufrada, ṭawāf of nisā' and its prayer are obligatory.
- 'Umra al-tamattu' should be performed during the months of hajj: Shawwāl, Dhu l-Qa'da or Dhu l-Ḥijja; whereas 'umra al-mufrada can be performed any time during the year.
- There are five mīqāts (the place where the dress for hajj or 'umra is worn) for 'umra al-tamattu'. Mīqāt for 'umra al-mufrada varies with distance from Mecca. People residing in Mecca have adanā al-ḥill as mīqāt whereas people living out of Mecca are obliged to wear iḥrām from one of the five mīqāts nearest to them.
Hajj al-qirān differs from hajj al-ifrād mainly in two aspects: animal slaughtering and becoming muḥrīm. During hajj al-qirān, the animal for slaughtering should accompany the person wearing iḥrām, thereby animal slaughtering is obligatory for him.
Likewise, in the hajj al-qirān, iḥrām is carried out by saying "Labbayk" (specific slogan of hajj) or by ish'ār or taqlīd but in hajj al-ifrād, iḥrām is materialized only by saying Labbayk.
For the hajj al-tamattu' to be valid, there are certain conditions be fulfilled. They are as follows:
- Intention, i.e. from the time of wearing iḥrām for 'umra al-tamattu', he should intend to perform hajj al-tamattu'; otherwise, his hajj is not in order;
- Both 'umra and hajj need to be performed in the months of hajj;
- Both 'umra and hajj need to be performed in the same year;
- 'Umra and hajj should be performed for one person and by one person. This implies that a person who is performing hajj on the behalf of a dead person needs to perform both 'umra and hajj himself. Hiring two individuals to carry out the 'umra and hajj separately is not permitted.
A person, whose duty is to perform hajj al-tamattu', cannot change it on purpose and by choice to perform hajj al-ifrād or al-qirān.
A person, whose duty is to perform hajj al-tamattu' but knows that the time is too short to complete 'umra and join hajj, should change his intention from hajj al-tamattu' to hajj al-ifrād and after completing the rites of hajj, he should perform al-'umra al-mufrada.
Istita'a
In Islamic law, hajj is obligatory for a mustaṭī' (a person enjoying all the required characteristics that make hajj obligatory for him) only once during the lifetime. This is called ḥajjat al-Islam. The obligation of hajj is immediate; it means that the hajj should be performed in the same year in which a person becomes mustaṭī' and any delay in it, without an excuse is not permissible. In case, it is delayed, it would be considered a sin and they will be obligated to perform hajj the very next year or in case, they do not perform it, in the future years.
After one becomes mustaṭī', if the act of performing hajj requires travelling and managing provisions, the person should take every step possible to accomplish this noble pilgrimage the same year. When a mustaṭī' person is negligent and does not perform hajj, he has committed a sin and hajj would remain obligatory for him even if he no longer meets the conditions of being mustaṭī'.
The following conditions make hajj obligatory:
- Being sane,
- Being mature by shar',
- Being mustaṭī
Hajj on Behalf
If a person was mustaṭī' for hajj and hajj became obligatory for him but now does not have power to perform hajj due to old age, sickness, or unbearable hardship and has no hope of recovery and power to perform hajj without hardship in the coming years, it is obligatory for him to hire someone to perform hajj on his behalf. However, if hajj did not become fully obligatory for him, he is not required to hire someone else for this purpose.
- ↑ Al-Kulayni, Al-Kafi, vol. 2 p. 18, H. 1
- ↑ Al Kafi, vol. 4, p. 255, H. 14.
- ↑ Quran 3:97
- ↑ Tahzib al-ahkam, vol. 5, p. 17.
