Fiqh

IBADAAT -> Hajj

INTRODUCTION
- 1. Hajj is fard at least once in a life time. If a person performs the hajj several times, the first one will be regarded as fard and the rest will be regarded as nafl hajj. There is also great reward in offering nafl hajj.
  2. Hajj that is offered before one can reach the age of maturity is not considered. If a person is rich, hajj will become fard upon him once he reaches the age of maturity. The hajj that he performed before maturity will be regarded as nafl hajj.
  3. Hajj is not fard on a blind person irrespective of how rich he may be.
  4. Once hajj becomes fard on a person, it becomes wajib on him to go for hajj in that very year. It is not permissible to delay in performing the hajj without a valid reason. It is also not permissible for a person to think that he is still young and that there is still plenty of time to perform the hajj. If a person delays in performing his hajj and performs it after a few years, his fard duty will be fulfilled but he will still be regarded as a sinner.
  6. If the mahram has not reached the age of maturity, or he is so irreligious that he cannot even be trusted with his mother, sister, etc. it will not be permissible to travel with such a mahram as well.
  7. Once a woman finds a reliable mahram, her husband cannot prevent her from going on hajj. Even if he prevents her from going, she should not pay any heed to him and she should continue on her journey.
  8. A girl who is on the verge of reaching the age of maturity cannot go for hajj without a shar'ee mahram. She cannot even go the person that is not mahram.
  9. If a mahram takes a woman for her hajj, all his expenses will have to be borne by the woman. It is wajib upon her to pay him for all his expenses.
  10. If a woman could not find a suitable mahram throughout her life, she will not be sinful for not performing her hajj. However, at the time of her death it is wajib on her to make a bequest that hajj be performed on her behalf. After her death, her inheritors should find someone to perform the hajj on her behalf. The expenses for this hajj should be paid from the money that she left behind. In this way she will be absolved of the duty of performing hajj. This type of hajj is known as hajj-e-badal.
  11. If hajj was fard on a person but he delayed performing it until such a time that he became blind or became so sick that he is unable to undertake the journey, then he will also have to make a bequest for hajj-e-badal.
  12. If a person dies, leaving behind so much of wealth that after paying all his debts, there is sufficient money to pay for the hajj-e-badal from one third of his wealth, then it is wajib on the inheritors to fulfill his bequest for hajj-e-badal. But if the money is so little that hajj-e-badal cannot be made from one third of his wealth, then the person's relatives should not undertake to have the hajj performed. The inheritors could also take the entire one third for the purpose of hajj-e-badal and supply the balance of the money from their own side so that the hajj-e-badal could be made. In other words, they should not give more than one third from the wealth of the deceased person. However, if all the inheritors happily agree to give their share of the inheritance for the performance of hajj-e-badal, it will be permissible to use more than one third of the wealth of the deceased. However, the permission of immature inheritors is not considered in the Shariah. Therefore, no money should be taken from their share.
  13. A person made a bequest for hajj-e-badal and thereafter passed away. However, the wealth that he left behind was very little and hajj-e-badal could not be made from the one third. In addition to this, the inheritors refused to forego their shares in order for the hajj-e-badal to be performed. Bearing all this in mind, if the hajj is not performed, there will be no sin on the deceased.
  14. The same rule applies to all bequests. If a person had many fasts to keep, many salaats to make qada of or some zakaat to be given, he therefore made a bequest for all this and passed away, then all these payments will have to be made from the one third. It is not permissible to use more than one third without the permission of all the inheritors.
  15. If a person did not make a bequest for hajj-e-badal, it will not be permissible to do so by using the money which he had left behind. But if all the inheritors agree to this, it will be permissible. Insha Allah, the obligation of hajj will be fulfilled. But it should be borne in mind that the permission of an immature inheritor is not considered.
  16. If a woman is in her iddah, she cannot go for hajj.
  17. If a person has sufficient funds for the onward and return journey to Makkah but not sufficient enough to visit Madinah as well, hajj will still be fard upon him. Many are of the incorrect opinion that as long as you do not have sufficient funds to go to Madinah as well, hajj does not become fard. This notion is absolutely wrong.
  18. When a woman is in her ihraam, she cannot cover her face in such a way that the piece of cloth touches her face. These days, a latticed screen or fan is available for this purpose. It should be tied to the face with the screen in line with the eyes and with the burqah worn loosely above it. This is permissible.
  19. The rules and regulations of hajj cannot be understood and remembered without really going on hajj. On going for hajj, one is taught all the rites of hajj, etc. We therefore do not feel it necessary to enumerate these rules and regulations. Similarly, the method of performing umrah can be learnt by going to Makkah.
THE VISIT TO MADINAH