INTRODUCTION
1. The Hajj in Islam, being incumbent upon a mustati',
is not obligatory for more than once in the entire lifetime (of an individual).
2. The obligation of Hajj is immediate for a mustati';
i.e. the Hajj should be performed in the first year of istita'ah and any
delay in it is not permissible. In case of delay, the obligation still remains and it
should be performed in the following years, and…
3. If after istita'ah, Hajj requires preliminaries
like travel provisions, these should be arranged for, so that the Hajj could he
performed in the very first year (of istita'ah) In case of dereliction of the
individual such that he could not go on Hajj in that year, the Hajj obligation
remains and should be fulfilled later on under any conditions, even if the status of istita'ah
is lost.
CONDITIONS FOR THE OBLIGATION OF HAJJ IN ISLAM
Several conditions make the Hajj obligatory, and
without all of them the Hajj would not he obligatory.
A and B. Maturity and sanity. Hajj is not incumbent
on the children and the insane.
1. If a child is made Muhrim for Hajj and
becomes religiously mature in the process of the pilgrimage, the Hajj would be
acceptable as the required Hajj of Islam.
2. One who thought that he was religiously immature and
went on istihbabi Hajj and then realised that he was religiously mature, cannot
consider his Hajj as the required Hajj of Islam, unless he had made the niyyah
to perform the Hajj which the Divine Legislator (Allah the Almighty) has
decreed for him.
3. Atonement for hunting rests with the
guardian. Other types of atonements obviously do not rest with either the guardian or the
child.
4. In Hajj, sheep for sacrifice should be procured
by the child's guardian.
C. Having financial istita'ah, physical health and
ability, and free access and sufficient time.
1. Financial istita'ah means having provisions for
the Hajj journey and the means of conveyance for it. If the likes of these are not
possessed, something such as money or another commodity should be available for possible
use to obtain the required provisions. It is a condition that the individual should
financially afford his return trip. Other issues related to istita'ah will be
subsequently explained.
2. For Hajj to become obligatory, the individual
should be able to afford expenses of departure and return. In addition, he should have
whatever is imperative for a living and sustenance such as a residence, household
appliances, automobile and the like, in accordance with his social standing and honour. In
case he lacks these things, he should possess money or anything else with which he could
provide them.
3. One who needs to get married and for whom abstaining
from marriage would result in disease or the commitment of sin and forbidden acts, and who
needs money for marriage, would become mustati' when the marriage expenses are met
in addition to the Hajj expenditures.
4. If one has money owed to him and possesses the rest of
the conditions for istita'ah, he should receive the amount owed to him if the due
time of payment has arrived provided he can obtain it without difficulty. Then he should
go on Hajj.
5. If one who does not afford Hajj obtains a loan
to cover its expenses, he will not become mustati', and the Hajj he performs
will not be considered the required Hajj of Islam.
6. One who can afford Hajj expenses but has debt as
well, should go on Hajj if he has time for repayment and he is confident that when
repayment time comes he can afford to repay his debt. The same rule applies to a case when
repayment time approaches yet the creditor agrees to defer repayment and the debtor is
confident that he can repay it at the determined time.
Apart from these two cases, Hajj will not be
regarded as obligatory.
7. If the high expenses of the Hajj do not make the
prospective pilgrim unable to afford the pilgrimage, this will not remove the obligation
of Hajj, unless such expenses cause distress and difficulty for him.
8. For those who have extra equipment which they do not
require at the moment, and which if sold would cover the Hajj expenses, Hajj is obligatory,
provided that they meet all other conditions for the pilgrimage.
9. If one doubts whether his property is sufficient enough
to make him mustati' for Hajj, it is obviously necessary for him to study
the matter. There is no difference regarding the necessity of study and investigation in
this matter between the one who does not know the amount of actual estimate of his
property and the one who does not know Hajj expenditures.
10. One who knows that under the normal conditions and the
expenses of Hajj he would not have istita'ah but who believes that possibly
through study and investigation he could find ways to go on Hajj under his present
conditions, does not need to embark on such investigation. But for one who does not
know whether or not he has istita'ah f or Hajj it is obviously obligatory to
take proper stock of his present financial conditions.
11. One who is employed to render services to the pilgrims
and who could meantime perform all Hajj rites and could earn his living upon
return, would be considered as having istita’ah for Hajj. Hajj is
obligatory for him and he would meet the requirements of the Hajj in Islam, even
though it is obligatory for him to be hired.
12. Among conditions for istita'ah, the individual
should be able to meet expenses of his family (members of the household which are
dependent on him) until his return from Hajj.
13. In istita'ah arising through competence, i.e.
upon return from Hajj the person has to engage in trade, agriculture, industrial
activity or have property such as orchards and shops in order not to face distress and
difficulty in making his living, if he is able to engage in a business befitting his place
and position, it would suffice. If upon return, he could make his living with allowance,
it would also suffice.
As a result, Hajj is obligatory for students of
theological seminaries who, upon return from Hajj, would require allowances of the
theological seminaries and who could make a living with such allowances.
14. Conditions for the obligation of Hajj is physical
ability, as well as openness of the route and availability of time. Therefore, Hajj is not
obligatory for a sick person who lacks the physical strength to go on Hajj or who
faces great distress and difficulty in doing so. The same applies to a person to whom the
route for Hajj is closed or who faces time shortage such that he could not go on
Hajj in due time.
15. If. while having istita'ah, a person abstains
from going on Hajj, he will be committing a sin and is duty-bound to go on Hajj in
any way possible.
16. The mustati' should personally perform Hajj.
Deputation of Hajj would not suffice for him, unless for one who cannot perform
Hajj due to old age and sickness.
17. One who is personally mustati' cannot become a
representative to perform another person's Hajj. If such a Hajj on
deputation is performed, it will be null and void.
18. If one who is required to go on Hajj pilgrimage
passes away before fulfilling this obligation, his Hajj should be performed with
what he has left behind, and a Hajj Miqati will suffice in such a case.
MISCELLANEOUS
ISSUES OF ISTITA'AH
1. A woman who lacked financial means during her
husband's lifetime, acquires the financial means for Hajj after his death through
his inheritance, but since she has an illness that prevents her from going on Hajj she
will not be called a mustati' and Hajj is not obligatory for her. Likewise,
if, after becoming a widow, she does not have a job, farming or industrial occupation with
which to earn a living upon return from Hajj, she will not become mustati', even
if what she has received as inheritance is enough for her to go on Hajj and return.
2. A woman whose marriage portion is equal to or
more than the Hajj expenses is a mustati' for Hajj, provided she can
obtain her marriage portion without causing trouble and difficulty (for her husband).
3. A woman whose marriage portion is sufficient
for Hajj and is owed the same by her husband, since he cannot afford to pay it does
not have the right to demand the marriage portion and is not mustati'.
4. If a person has a very expensive house and
can go on Hajj with the difference earned through selling it and buying a cheaper
one, should not sell the house if it is not higher than his status and position. In this
case he is not a mustati'. If the house is more than his social standing, he is a mustati',
provided all other conditions are met.
5. Those who can meet the expenses of the Hajj
journey through business or other means and who upon return can meet a part of their
expenses through earnings such as preaching and the remaining part from allowances through
legal sources (theological schools) are mustati', even if they need. the allowance
to meet their expenses upon return from Hajj.
6. If one sells a piece of land or something
else to buy a house, he will not become mustati' in case he needs the money to buy
a house, even if the money is sufficient to cover the Hajj expenses.
7. When the due time for Hajj arrives,
the mustati' cannot dispense with his status of istita'ah, and before this
time, based on ihtiyat wajib he should not dispense with the status istita'ah.
8. If a person who was hired to go on H
a 1 j on behalf of another person who
was not a mustati' at the time of concluding the contract but who before the Hajj
became a mustati' through means other than the sum of the contract, should
cancel the contract and perform his own obligation of the Hajj in Islam.
9. Caravan attendants who arrive in Jeddah would
become mustati' if, while serving the Hajj pilgrims, they are able to
perform all Hajj rites and rituals and meet all other conditions of istita'ah, for
instance, having actual or potential means of earning a living and being competent for a
job or industrial and other ability with which they could earn a proper living upon
return. These persons should perform the Hajj in Islam which fulfils their
obligation of Hajj. If the caravan attendants do not meet the required conditions,
they `re not mustati' and their Hajj will be istihbabi, but they
should perform the obligatory Hajj, if they later become mustati'.
10. It is incumbent on the physicians and other
people who come to Miqat on duty and who meet all conditions of istita'ah in
Miqat to perform the Islamic obligation of Hajj, even though it is necessary
for them to carry out their duties as well.
11. One who has financial capability and meets
other conditions of istita’ah should go on Hajj. Performing other good
deeds such as visiting the holy sites or building mosques will not substitute the
obligation of going on Hajj.
12. If, during the obligatory Hajj, the mustati'
were to make the intention of istihbab due to negligence or on the assumption
of not having attained istita'ah, or even consciously and wilfully with the aim of
practice for performing the obligatory Hajj better the following year, there is a
degree of doubt for the fulfilment of Hajj unless the intention for the Hajj was
according to what has been decreed by the Divine Legislator. On this basis, as a matter of
ihtiyat, he should go on Hajj the next year.
13. If the mustati' passes away after
putting on the ihram and entering the Sacred Mosque, the Hajj obligation
will be removed from him.
14. If the deceased person was mustati' in
his lifetime and deliberately delayed the Hajj pilgrimage, Hajj remains due
on him and a Hajj Miqati should be performed for him from what he has left.
15. For one who meets all the conditions of a mustati'
for Hajj but has not performed it, the obligation of Hajj remains, even
if due to old age or an incurable disease it is not possible for that person to go on Hajj
in the latter case the person should send a representative to perform Hajj on
his behalf.
16. A wife does not require the permission of
her husband to go on obligatory Hajj, and she should perform her obligatory Hajj
even if her husband does not approve of her travelling for Hajj.
17. Family, in case of financial istita'ah for
which nafaqah is a requisite, refers to a person's formal family, though it may not
be religiously qualified for his maintenance allowance.
QUESTION 1: Suppose a person becomes ill
in Madinah (say if he undergoes an apoplexy) and is hospitalised for two weeks by the
doctors. If after convalescence, it is difficult to take him to Makkah to perform the H
a
rites, what is his duty?
ANSWER: if it is the first year of istita'ah
and the person lacks the strength, even for an emergency case, to carry out the Hajj
rites, the status of istita'ah will become null and void, and the Hajj will not
be obligatory. If, however, it is not the first year of istita'ah and the Hajj
is already incumbent on him and the person is despaired of regaining health, then a
substitute should carry Out the rites of Umrah and Tamattu'.
QUESTION 2: At present, those who want to
perform the Hajj pilgrimage should register their names in advance and make the
necessary arrangements. If the turn of a person takes several years to come, and before
the coming of the turn that person finds other means of going on Hajj and borrows
money and goes to Makkah, will such a pilgrimage be considered the obligatory Hajj of
Islam?
ANSWER: If Hajj has not already
become incumbent and the person cannot presently go on Hajj without borrowing
money, Hajj is not obligatory for him, and such a pilgrimage cannot be considered
the obligatory Hajj of Islam.
QUESTION 3: 1 went on Hajj by
borrowing money and receiving a month's salary in advance. Since the person who lent the
money fully approved of my going on Hajj and did not need his money, would my Hajj
be regarded obligatory or not7
ANSWER: If your financial istita'ah met
the required conditions, your Hajj will be correct and deemed obligatory, provided
that you can easily repay your debt later on. But if you obtained financial istita'ah by
borrowing money, you have not become mustati', and your Hajj will not be
Considered the obligatory Hajj of Islam.
QUESTION 4: Based on lots drawn by the
Hajj and Pilgrimage Organisation, Allah willing, 1 will be able to go on Hajj in
the coming years based on the following conditions:
(a) The entire expenses of the Hajj performed
by me and my spouse have been met by khums money.
(b) I am a school teacher and lead an ordinary
life with continence.
(c) I do not have a house or an automobile of my
own. 1 am a tenant in every city where 1 work.
(d) I have ordinary housing appliances. In view
of these conditions and doubts raised by others about Hajj being obligatory for my
spouse, and me would our Hajj meet conditions necessary for obligation?
ANSWER: As per the conditions cited, if
your spouse has enough money to go on Hajj and return, she would be mustati'.
You would have istita'ah only when you have household appliances for yourself
and your family in accordance with your social position, and when upon return you could
make a living for yourself and your family through what you earn.
QUESTION 5: If a person was mustati' but
neglected to go on Hajj until he lost his turn, now that names are no longer being
registered, would it be permissible for him to perform Hajj by way of connections
and recommendations inside or outside Iran and through expending huge amounts? This is
because. otherwise, his duty of fulfilling the obligation would be delayed for years and
he tears that, Allah forbid, he would be considered as one who has forsaken Hajj.
ANSWER: He should go on Hajj in
any way possible if it does not violate the regulations of the Islamic Republic of Iran,
and in a way that he would not face distress and difficulty.
QUESTION 6: Supposing Hajj has not
already become incumbent on a person but while registering names for the Hajj, he
became mustati'. Later on, he, however, faced financial problems and needed the
money he had deposited with the bank (for registering his name). Could he withdraw the
money or not? Would it make any difference if his turn comes in the first year or in the
next years?
ANSWER: Based on this supposition, he is
not mustati' and can withdraw his money. It would make no difference.
QUESTION 7: A person who had to perform
the obligatory Hajj departed for Hajj from Pakistan, fell ill in Madinah but
continued his journey to Makkah in that condition, and passed away in a hospital in Makkah
before performing the Hajj. At the time of his death, his entire property consisted
of some money and a piece of land in Pakistan. Given the fact that his money is not enough
for Hajj on his behalf, should his heirs sell the piece of land and hire someone to
fulfil his Hajj, or would the obligation of Hajj no longer be due upon his death?
ANSWER: If he arrived in Makkah
with the ihram for Umrah Tamattu' and
passed away before performing 'Umrah or after completing its rites, whatever he
performed will be accepted and the obligation of Hajj would be removed from him.
But if he entered Makkah without ihram for Umrah and passed away there, and
in case Hajj had remained incumbent on him, a substitute on his behalf should be
hired out of what he has left behind. A Hajj Miqati would suffice in such a case.
But if Hajj had not remained incumbent on him, he would not be considered a mustati',
and there is no need to hire a person to perform Hajj on his behalf.
QUESTION 8: If a person becomes mustati'
in Miqat and performs the obligatory Hajj of Islam, would it suffice or
not? Would kifayah be a precondition or not?
ANSWER: If he becomes mustati', it
is sufficient, but he should have kifayah.
QUESTION 9: In cases where an
organisation or body sends a person on Hajj without asking him to do anything in
return, would it be regarded as Hajj Badhli and should it be necessarily
accepted?
ANSWER: Provided that it is legitimate,
it would be Hajj Badhli if there is no commitment to do anything in return for it.
QUESTION 10: A person has four
sons, all of whom are married, and can meet his annual expenses and has no debts, but he
and his sons make their living jointly from the same source of income. Now, since the Hajj
expenses of only two people can be met, is Hajj obligatory in this case? If so,
IS it only incumbent on the father or on the
sons as well? If Hajj is incumbent on the sons, which one has the priority to
perform it?
ANSWER: One who has enough property to
meet his Hajj expenses, go to Makkah, and upon return afford a living, which befits
him, is mustati' and should perform the Hajj.
QUESTION 11: Having financial istita'ah
and being 72 years old, 1 have been prevented from going on Hajj pilgrimage by
the Health ministry in accordance with domestic laws, as 1 am addicted to opium. What is
to be done from the viewpoint of Sharia' ?
ANSWER: If you were previously mustati'
but did not go on Hajj pilgrimage, you shoulder the duty of going on Hajj. If
previously you did not have istita’ah, you are not mustati' under the
present conditions, unless you can abandon opium addiction, obtain the required permit,
and go to Makkah.
QUESTION 12: If a person has capital or
equipment and can sell part of it to lead a comfortable life and go on Hajj with
the difference, would he be mustati'?
ANSWER: If all the other conditions are
met, he will be deemed mustati'.
QUESTION 13: A person has an orchard
which has not brought him any income for several years but which, if sold, would cover his
Hajj expenses. He is sure that by the time the orchard bears fruit, he would be old
and retired and would be dependent on it for his living. Would such a person be mustati?
ANSWER: If he has no source of income
other than the orchard, he will not be considered mustati'.
QUESTION 14: In the case of debt, how
much money should a person possess to have istita'ah? In case he has the needed
money but suffers from cardiac ailment and has been notified by the physicians at the Hajj
and Pilgrimage Organisation that his pilgrimage might be dangerous, should he substitute
someone else?
ANSWER: If before attaining istita'ah he
fell ill and consequently lacked the strength to go to Makkah, he will not become mustati'
and there is no need to substitute someone else for Hajj. In addition,
financial istita'ah would develop only when he has enough money for a round trip
and can easily repay his debt.
NIYABAH IN HAJJ
1. Conditions of the na'ib:
a. maturity
b. sanity
c. faith
d. confidence in performing the rites
c. knowledge of Hajj rites and rituals
f. exemption from the obligatory Hajj that
particular year
g. having no excuses to abstain from certain Hajj
rites
2. Conditions of one for whom a na'ib is hired:
a. For the obligatory Hajj, the person
for whom a na'ib is hired should be a deceased one, and in case he is alive. H a
11 should be incumbent on him, while he cannot personally go on Hajj due to an
incurable disease or old age. In the Hajj Istihbabi, this is not a condition, and
the person who hires a na'ib does not have to be mature and sane. There is no need
for the na'ib and one who hires him to have familiarity. One who has not so far
gone on Hajj and is mustati' can become a na'ib for another person.
3. Hiring a person who has little time for Hajj
at-Tamattu' and who is compelled to perform the Hajj al-Ifrad is not correct
for a person on whom Hajj at-Tamattu ' is incumbent. But if the na'ib was
hired with ample time and then the time ran out, he should engage in 'udul. This
would suffice for Hajj at-Tamattu'. The na'ib should be paid in return.
4. One on Whom Hajj had become obligatory
but had not gone on Hajj pilgrimage in the first year of istita'ah due to
ailment or inability to walk because of old age or of imminent distress and difficulty by
going on Hajj should hire a na'ib in case there is no hope of his recovery.
Based on ihtiyat wajib, he should immediately hire a na'ib. If Hajj does
not become incumbent on him, he will definitely face no obligation in this regard.
5. When the na'ib performs the Hajj, the
one who hired him does not need to personally go on Hajj later even if the excuse
he had no longer exists. But if this excuse is removed before the completion of Hajj, the
pilgrimage on behalf will not suffice.
6. One on whom Hajj is incumbent, whether
through having istita'ah or being duty-bound, should not engage in niyabah for
another person.
7. If the hired person dies after ihram and
entrance into the Haram, (Sacred Mosque of the Ka'bah) this would suffice for the Hajj
of the one whom he represented. But if he dies after ihram and before entrance
into the Haram, it would not suffice based on ihtiyat wajib. In this case
there is no difference whether the Hajj was supererogatory, by hirement (on
behalf), the Hajj in Islam or the obligatory Hajj, the same decree that
applies to one who goes on Hajj in person would apply here.
8. If a na'ib is hired to carry out the religious duty of one who hires him - as is the case for
hiring the na’ib for Hajj - and if he dies after ihram
and entrance into the Haram, he deserves the entire wage (of na'ib).
9. One who has gone to Makkah as a na'ib
without having personally performed the obligatory Hajj should follow
the ihtiyat mustahabb and, after niyabah, perform Umrah Mufradah'
for himself. This ihtiyat is not
binding. nevertheless, it is highly recommended.
10. One who cannot perform
some Hajj rites due to valid reasons cannot be hired as a na'ib
for Hajj. If such a person who has
excuses not to perform some rites, gratuitously and voluntarily goes on Hajj on behalf of
another person, this would not suffice.
SECONDARY
ISSUES RELATED TO NIYABAH
1. The caravan attendants who are
compelled to leave Mash'ar at midnight to perform the required tasks in Mina or who have
to accompany the weak pilgrims to Mina, would be among those having excuses for not being
able to have ikhtiyari Wuquf in Mash'ar. Therefore, their niyabah
will be invalid. But, If they have been hired as a na'ib before employment (as a caravan attendant), they have to perform the Hajj and
observe ikhtiyari Wuquf.
2. For a living person who can hire a na'ib,
it would suffice to employ the na'ib at
the Miqat.
3. One who performed the Hajj for the
first time, say as a caravan attendant, could go on Hajj as a na'ib for his deceased father or mother, unless he was not mustati' in the first year and
has become mustati' in the next year.
4. Ihram would be incorrect for one who,
as a na'ib, becomes a Muhrim at the Masjid ash-Shajarah and goes to Makkah
where he realises he was personally mustati'. He should return and become a Muhrim
for his own 'Umrah Tamattu' and perform his own religious duties.
5. The condition of faith and belief of the na'ib,
being a prerequisite for niyabah in Hajj, also applies to other rites in
which niyabah is permissible, such as ramy and Tawaf.
6. It is incumbent on the na'ib to
perform the rites in accordance with the decrees of his own Marja' Taqlid.
7. A na'ib who, at the time of accepting niyabah,
was fully capable of representing another person at the Hajj but who has an
excuse at the time of becoming a Muhrim or even before, could continue his niyabah
if his excuse does not make him violate some Hajj rites. But if his excuse
makes him violate some Hajj rites, the contract for his niyabah could be
declared null and void. Based on the ahwat, the na'ib
and one who has hired him should make a compromise on the former's wages, and the duty
of the 'Umrah and Hajj would be vested with the latter.
8. Gratuitous or wage earning niyabah is not
acceptable from those hired to render services and unable to have ikhtiyari wuquf in
Mash'ar, as well as all other people who have excuses and who have performed such
incomplete forms of Hajj. Their niyabah would not be acceptable as the Hajj
of the persons who have hired them, and they do not deserve wages.
9. One who cannot perform the ikhtiyari rites
of the Hajj is exempt and cannot become a na'ib.
10. The niyabah of a person who lacks the
ability to correct his qira'ah is null and void. If he has the ability, the niyabah
of such a person is valid, provided he corrects his qira'ah.
QUESTION 1: Suppose a person who
registers his name, receipt of payment, and specifies in his will that after his demise
his son should go on Hajj and perform it on behalf of him, passes away. Upon the
father's death, the son obtains financial istita'ah but he can only go on Hajj using
his father's receipt of payment. Now by using this receipt and arriving at Miqat should
he perform the Hajj on behalf of his father? Or would he obtain istita'ah and
have to perform Hajj for himself.
ANSWER: The son can go on Hajj using
the receipt based on his father's will in case the will for what is additional to the Hajj
Miqati does not exceed one third and the heirs have allowed it. He should perform the Hajj
on behalf of his father.
QUESTION 3: In the past two cases, if the
son shoulders the duty of performing Hajj on behalf of his father but performs his
own Hajj, would it be considered his obligatory Hajj of Islam or not?
ANSWER: No.
QUESTION 4: A person's father who was mustati'
passes away. The son takes his father's receipt and goes on Hajj with the
intention of representing his father. He reaches Miqat where he himself is mustati'.
What should he do? 1 should explain that there is no will. Nor has he been asked to
engage in niyabah. For instance, he was the sole heir and Hajj would not be
possible for him unless in this way.
ANSWER: In this case, he should perform
his own Hajj and hire a na'ib for his father.
QUESTION 5: Being responsible for the Hajj
caravan, 1 had to take care of the sick and disabled people in my group and,
therefore, performed idhtirari Wuquf. Please explain my religious duty.
ANSWER: If you accompanied disabled and
sick persons who had excuses not to engage in ikhtiyari Wuquf, here is no problem
for you. But if served as a na'ib for someone else, your niyabah would not
be acceptable.
QUESTION 6: A person served as na'ib
for a deceased person without having any excuses not to perform some Hajj rites
at the time of being hired as na'ib. But several years after performing the Hajj,
he realised that in the Mash'ar al-Haram he had engaged in idhtirari Wuquf with women and sick persons for whom he was guide and went to Mina. He was
unaware of the fact that the na'ib should engage in inkhtiyari Wuquf. What duty does he shoulder?
ANSWER: This should not have been done on
a Hajj in which he was hired as na'ib and he does not deserve any wages. In
terms of the wages, he should refer to the person who hired him. Or in case his contract
for niyabah has not expired, he should once again go on Hajj as a na'ib and
correctly perform the rites.
QUESTION 7: My late father had
stated that his eldest son should go to Makkah on his behalf. 1 am the eldest son and have
become mustati' with the inheritance.
So far, I have not been able to convert my share of the inheritance into cash. Under such
conditions, can 1 perform the Hajj on my father's behalf or not?
ANSWER: Supposing that you have financial
istita'ah through converting your share of the inheritance into cash, you should
primarily perform your own-obligatory Hajj and later on perform it on behalf of
your father or hire a na'ib for him.
QUESTION 8: A lady for whom the Hajj was
obligatory said in her last will that the executor of her will should go on Hajj on
her behalf using money from what she left behind. Now the executor of her will has
physical, financial, and other types of istita'ah, but has not registered name for Hajj
based on an excuse and lacks istita'ah for travelling. Could the executor of
the will engage in Hajj Niyabi?
ANSWER: If the executor of the will did
not previously have istita'ah, if the route is
not open to him now, and if he is not mustati',
he can be hired for Hajj Niyabi. But if he can reach the Miqat without.
being hired, he should not perform Hajj Niyabi and should perform his own Hajj.
QUESTION 9: While hiring someone for Hajj,
if the person hiring the na'ib is unaware that the latter has excuses and hires
him, would the niyabah wages be halal for the na'ib? Would his Hajj
Niyabi be correct and be considered the obligatory Hajj of Islam or other type
of Hajj for the one who has hired him?
ANSWER: In case he had an excuse and was
hired, he does not deserve wages and it would not suffice for the Hajj Niyabi.
TYPE OF 'UMRAH
1. As with Hajj, Umrah also falls
into two types: obligatory and recommended. Umrah would become incumbent only once
in the lifetime of one who has istita'ah. As with Hajj, its obligation is
immediate. In its obligation, there is no requirement for having 1 . istita’ah for Hajj. If one is mustati' f o r 1 Umrah, it would become incumbent on him to
perform, even if one is not mustati' f or Hajj. The opposite also holds
true: If a person has istita'ah for Hajj but is not mustati' for Umrah,
he should perform the Hajj.
But for those who are away from Makkah, such as
the Iranians who shoulder the duty of Hajj at-Tamattu', the istita'ah of Hajj
and the istita'ah of Umrah would be the same, as Hajj at-Tamattu' is a
combination of both. This is contrary to the case of people who are in Makkah or close to
it. They shoulder the duty of Hajj and Umrah Mufradah, for one of which they
should have istita'ah.
2. Getting into the state of ihram is compulsory
for anyone who wants to enter Makkah. To get to the state of Umrah or Hajj. If
he wants to enter Makkah sometime other than the Hajj season, he should perform Umrah
Mufradah. This does not apply to one for whom only a month has passed after ihram. In
such a case, ihram is not necessary.
3. Going on repeated 'Umrah (more than
once), like going on Hajj repeatedly, is mustahabb. Spacing is not needed
between two Umrah, but based on precaution, one can perform only on 'Umrah for
himself every month. Each person can however, perform an Umrah on behalf of others.
TYPES OF HAJJ
The Hajj in Islam is of
three types: Hajj at- Tamattu, Hajj al-Qiran, and Hajj al-Ifrad. Those who
live over 48 miles away from Makkah should perform Hajj at-Tamattu', while Hajj
al-Qiran and Hajj al-Ifrad are incumbent on others.
HAJJ AL-IFRAD AND 'UMRAH MUFRADAH
1. A person who cannot perform Umrah Tamattu'
due to shortage of time should go on Hajj al-Ifrad. With the same ihram for
the Hajj at-Tamattu, he can perform the Hajj al-1frad and go to the plain of
'Arafat and embark upon Wuquf like other
pilgrims. He should then go to Mash'ar and stay (Wuquf). Afterwards, he should go to Mina
and perform the Mina rites apart from hady, which is not compulsory for him. He
should subsequently go to Makkah, perform the Tawaf, prayer, Sa’y, Tawaf
an-nisa and its prayer.
After this, he can dispense with ihram and
return to Mina to pass the night and spend nights of tashriq period as done by
other pilgrims. In principle, therefore, Hajj al-1frad is similar to Hajj
at-Tamattu' with the exception that in the latter case, a hady should be
offered, while in the Hajj al-1frad, hady is not compulsory and is rather
recommended.
2. Umrah Mufradah which should be
performed after Hajj by one whose Hajj at-Tamattu' has been turned into Hajj
al-Ifrad requires departing from Adni al-Hal. It is best to put on ihram from
"Je'ranah" or "Hudaybiyah", or "Tan'eem" which are closer to
Makkah. Then he should go to Makkah for circumambulation around the Ka'bah and recite its
prayer, embark upon Sa’y between Safa and Marwah, engage in Taqsir or
shave his head, carry out the Tawaf al-nisa and recite Tawaf prayer.
HAJJ
AT-TAMATTU IN BRIEF
Hajj at-Tamattu' includes two rites: Umrah
Tamattu and Hajj at-Tamattu'. Umrah Tamattu' has priority over Hajj.
Umrah Tamattu' has the following five
acts:
1 . getting into the state of the ihram.
2. Tawaf around the Ka'bah
3. Tawaf prayer
4. Sa’y between Safa and Marwah
5. Taqsir
When the Muhrim accomplishes these tasks,
things, which had become unlawful to him due to ihram become permitted.
Hajj at-Tamattu' comprises of the
following thirteen acts:
1. Getting into the state of the ihram
2. Wuquf in the plain of 'Arafat, Wuquf in Mash’ar al-Haram
4. stoning the Jamarat al-Aqabah in Mina
5. offering sacrifice in Mina
6. shaving the head or Taqsir in Mina
7. Tawaf in Makkah
8. reciting two rak'ah Tawaf prayer
9. Sa’y between Safa and Marwah
10. Tawaf an-nisa
11. reciting two rak’ah prayer of Tawaf
an-nisa.
12. staying in Mina on the 11th, 12th, and 13th
Dhu'l al-Hijjah (for some people)
13. ramy Jamarat on the 11th 12th of DWI
al-Hijjah. Those who remain in Mina on the night preceding the 13th should engage in ramy
jamarat on the 13th.
1. It is permissible to perform 'Umrah
Mufradah during the Hajj season before Umrah Tamattu.
2. Based on precaution, one should observe a
month's space between the two Umrah he undertakes for himself. If the second Umrah
is performed through niyabah, the na'ib can receive wages for it. If the
Umrah Mufradah is obligatory for the one who has hired the na'ib, it would
be sufficient.