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Hajjat al-Islam
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The Hajj in Islamic law, being wajib upon
a mustati` (person having all the required characteristics that makes the
Hajj obligatory for him) for not more than once in his entire lifetime, is
called Hajjat al-Islam.
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The obligation of Hajjat al-Islam is
immediate; i.e. the Hajj should be performed in the first year of istita`ah
(i.e. the year in which, according to the presence of certain personal
conditions, the Hajj becomes obligatory) and any delay in it, without an
excuse is not permissible. In case of delay he would be a disobedient and
the obligation would remain on him, being obligatory for him to perform it
the following year, and so on until it is performed.
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If, in the year of istita`ah, Hajj
requires preliminaries, like traveling and its requirements, these should be
arranged so that the Hajj could be performed in the same year (of istita`ah).
In case the mukallaf was so derelict to the extent that he could not go to
Hajj in that year, he would be a disobedient and the obligation of the Hajj
would remain on him and it should be fulfilled later on under any
conditions, even if the status of istita`ah was lost.
Conditions for the Hajjat
al-Islam to be wajib
Several conditions make
Hajjat al-Islam wajib:
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First: Sanity. Hajj is not wajib on
the insane.
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Second: Adulthood. Hajj is not
wajib on a child or an adolescent, and if they perform the Hajj, it will not
replace Hajjat al-Islam, even if it was correct.
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If a child entered ihram for Hajj then
became religiously adult during the wuquf at Muzdalifah (Mash`ar al-haram),
and he was mustati`, then his Hajj would be acceptable as the required
Hajjat al-Islam.
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If a child pilgrim commits a
prohibited act if it was hunting, its kaffarah would rest with his
guardian, while other types of kaffarahs, apparently, are not wajib on
either the guardian or the child.
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In Hajj of a child, the cost for the
sacrifice of a sheep is paid by the child's guardian.
Third: Istita`ah which includes the following types:
a. Financial istita`ah
b. Physical istita`ah
c. Sirbi istita`ah (related to the openness and safety of the route)
d. Time istita`ah
And here are the details of each:
a. Financial istita`ah which includes several points:
1- Provisions, baggage and travel costs i.e. what is needed in travel
like food, water and other things in addition to the means of
transportation.
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It is not a condition for the mukallaf
to own the provisions and the means of transportation themselves but it
is sufficient to own the money or other things, which he could spend on
obtaining them.
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Hajj is not wajib upon the person who
does not have provisions or the means of transportation or he could not
afford them even if he could obtain them through earnings or other
means.
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It is a condition that he should own
the cost of the return trip to his home or to any other place if he had
previously intended to go there.
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If one has nothing by which he could
afford the Hajj expenses but there is someone in debt to him, the amount
of which would cover the Hajj expenses or act as a complement to it, he
must reclaim it if it had fallen due, the debtor was rich enough and
there was no extraordinary hardship (i.e. extraordinary hardship) on the
creditor in the debt being reclaimed.
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If a woman has a dowry in the debt of
her husband which covers her Hajj expenses, she could not ask for it if
her husband was not able to afford it and she would not considered as
mustati`. But if the husband was rich, she is obliged to ask for it
unless a depravity, like dispute or divorce, would follow in case of her
asking. In such a case she is not obliged to ask for it and she would
not be considered as mustati`, as well.
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If one who does not afford Hajj
obtains a loan to cover its expenses, he would not become mustati` and
the Hajj he performed would not be considered the required Hajjat
al-Islam. And such is still the case if he was sure that he would become
mustati` the next year but he obtains the loan and go to Hajj in the
same year.
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One who has a debt and does not have
money in excess of his Hajj expenses to repay the debt, then if the debt
was on credit and he was confident that he could repay it when the debt
fell due, going to Hajj for him would be wajib with his present money.
Such is also the case if the debt had fallen due but the creditor had
agreed to delay it and one was confident that he could repay it at its
time. Apart from these 2 cases, Hajj is not regarded as wajib.
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One who has only enough money for Hajj
and he needs to get married and for whom abstaining from marriage would
result in difficulty, contempt or disease or he is afraid of committing
a haram act then he would not be considered mustati`. More than that if
he spent this money for Hajj, it would not apparently replace the Hajjat
al-Islam.
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If one finds only a means of
transportation which costs more than its analogues, then if he could pay
the increase without difficulty, he is obliged to pay to go Hajj
(because istita`ah is not cancelled with the mere increase in prices)
unless he could not pay the increase or it would cause an extraordinary
hardship to him. And such is the case in buying or hiring anything
needed for the trip or if he could only sell something, so that he might
spend its value in Hajj, at a lesser price than its analogues.
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One who knows that under his financial
conditions and Hajj expenses he would not become mustati` if he wants to
go to Hajj as others are doing, but thinks that possibly through
investigation he could find a way/s to go, he is not compelled to embark
on such an investigation because the standard of istita`ah is that which
goes with convention. While one who doubts whether or not he has
istita`ah it is wajib to take a proper look at his present financial
status.
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2- Provision for one's family during
trip
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It is a condition in financial
istita`ah that one should be able to meet the expenses of his family
(members of the household who are dependant on him) until his return
from Hajj.
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What is meant by family, provision of
which must be included in financial istita`ah, is what is conventionally
considered as a family, even if they are not dependent on him according
to shar` (Islamic law).
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3- Essentials of life and living
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It is a condition that one should have
the essentials of life and what is needed to live in a conventionally
suitable social position for him. It is enough to possess money or
something else, which could be spent for the needs of life, and not the
needs themselves.
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Conventional affairs may differ from
one to another. So one for whom possessing a home is essential or it is
suitable for his social position, according the to convention, or that
living in a hired, borrowed or endowed house may cause an extraordinary
hardship or disgrace to him, then possessing a house for him will be a
condition for istita`ah.
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One whose living essentials (as home,
furniture, vehicle, industrial instruments, etc) have values which are
more than what is required for his social position, and he could sell
them to buy cheaper alternatives and spend the surplus for the Hajj,
without resulting into any extraordinary hardship or disgrace, then he
is obliged to do so and is considered as mustati`, if the difference
earned by this method is enough to cover the Hajj expenses or act as a
complement to it.
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If a mukallaf sold a land or other
thing to buy a house with its value, then if he was in need of the house
or its possession is just suitable for his social position, he would not
be considered as mustati` by receiving land money, even if it is enough
to cover Hajj expenses or to act as a complement to it.
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For one who has extra equipment which
he does not require at the moment (e.g. books) and which if sold would
cover Hajj expenses or act as a complement to it, Hajj is wajib on him
provided that he meets all other conditions.
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4- Return to Competence
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Return to competence is a condition in
financial istita`ah (it is clear that this condition is not considered
in Hajj al-badhli as it will be detailed). It means that after returning
from Hajj one should have a source of income sufficient to him and his
dependent family and suitable for his social position (like trade,
agriculture, industrial activity, job or a property for benefit as a
farm, a shop, or others). For Islamic science students (may Allah help
them) it is enough to return to khums money, which is given to them by
Islamic seminaries (hawzahs).
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A woman also should return to
competence. If she has a husband and she went to Hajj during his life,
she could return to the legal maintenance she has on her husband, while
a woman who does not have a husband, her return to a financial income
sufficient for living and suitable for her social position is one of the
conditions for her istita`ah, in addition to Hajj expenses, without
which she would never be considered as mustati`.
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If one has no luggage or means of
transport but they have been guaranteed to him by another person (i.e.
he said to him: 'go to Hajj and I will pay the expenses'), Hajj would
become wajib on him and he should accept it. This type of Hajj called
Hajj al-badhli, in case of which return to competence is not a
condition; in addition it is not a condition for the contributor to
offer the luggage or the means of transport themselves but to pay their
value.
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Hajj al-badhli is a valid substitute
for Hajjat al-Islam and it is not wajib to go to Hajj another time if
one becomes mustati` later.
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Hajj al-badhli is not applied to one
who is invited to go to Hajj by an institution or a person if a
condition is made that he must perform a certain work for the
invitation.
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Miscellaneous issues in financial
istita`ah:
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When the due time arrives that the
money must be spent for going to Hajj, it is not permissible for the
mustati` to get himself out of the statues of istita`ah. Moreover, it is
based on ihtiyat al-wajib not to do so even before that time.
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It is not a condition for financial
istita`ah to be already ascertained in the country of the mukallaf. It
is sufficient to be acquired even at the Miqat. So for one who would
become mustati` at his arrival to Miqat, Hajj will be wajib on him and
it is valid to replace Hajjat al-Islam.
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Financial istita`ah is also considered
as a condition if one becomes able to perform Hajj on his arrival at
Miqat (e.g. the servants in the caravans), in case that he has also all
the other conditions for istita`ah (as maintenance, essentials of life
and suitable living for his social position and return to competence).
In such a case, Hajj becomes wajib on him and replaceable for Hajjat
al-Islam; otherwise his Hajj is only mustahabb, and if istita`ah is
acquired later, Hajjat al-Islam will be wajib, then.
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If one is hired as a servant in the
way of Hajj with a fee enough to obtain istita`ah, Hajj would be wajib
on him if he accepted the hiring. Nevertheless it is not wajib on him to
accept it.
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One who was not financially mustati`
and hires himself for Hajj al-niyabi, then he becomes mustati` after he
made the contract for the hiring (i.e. not with the money of the hiring)
Hajjat al-Islam, then, becomes wajib on him to perform in the same year.
Then if hiring was for Hajj in the same year, it becomes void; otherwise
he must perform Hajj al-niyabi the next year.
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If a mustati` goes to the Hajj al-mustahabb
inattentively or purposely, although with the intention of practicing
the manasik of Hajj to perform them better the next year or because he
thought that he was not mustati` and then becomes aware that he was,
there is a doubt that his Hajj is valid and, based on the precaution, it
is wajib for him to repeat it in the future. However, if he had intended
to obey the real order of the Divine Legislator by imagining that it was
the mustahabb order, then his Hajj would be valid in the place of Hajjat
al-Islam.
b- Physical istita`ah which means physical health and ability. Hajj is
not wajib on the sick or old or those who are either unable or would
have extraordinary hardship to go to Hajj.
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Maintenance of physical istita`ah is a
condition. If one falls sick during his journey, before ihram, then if
it was his istita`ah year and the sickness had prevented him from
continuing the journey, he would not be physically mustati` and not
obliged to do istinabah. While one who goes to Hajj after it has already
settled on him, and the sickness disabled him from continuing the
journey and he becomes hopeless that he will be able to perform Hajj
without extraordinary even in the next years, then he is obliged to do
istinabah, while if he does hope that he would be able to perform Hajj,
Hajj will remain in his debt. If one becomes sick after ihram, he has
special rules to be applied on him.
c- Sirbi istita`ah It means the route to Hajj being open and safe. Hajj
is not wajib if the route is closed in such a way that one could not
reach Miqat or complete his manasik. Hajj also would not be wajib if the
route was open but unsafe i.e. there is a danger to oneself, his body,
his honor or his money.
d- Time istita`ah It means that there should be enough time to go to
Hajj after the acquirement of istita`ah. So Hajj is not wajib if time is
short i.e. one cannot go to Hajj in the correct time or he can but with
great difficulties and extraordinary hardship.
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Miscellaneous issues:
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It is wajib on the mustati` to perform
Hajjat al-Islam first, i.e. he is not allowed either to go as a na'ib
(Hajj al-niyabi) on behalf of another or to perform Hajj al-mustahabb
for himself before it, and if he did so, his Hajj would be void.
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Permission of the husband is not a
condition in Hajj al-wajib. Thus the wife should perform Hajj even if
her husband disagreed.
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Permission of parents is not a
condition for the Hajjat al-Islam of the mustati` to be valid.
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If one neglects the performance of
Hajj after the conditions of istita`ah have been obtained, Hajj will
settle in his debt and he must perform it later by any means possible.
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