The Obligation of Hajj (II)

The obligation of Hajj (II)

 

There is a Hadith in Jame’ Tirmidhi on the authority of Hadhrat ‘Ali (May Allah be well pleased with him) that the Holy Prophet (Sallallahu alaihi wa sallam) said:  Anyone who has such provisions and means of conveyance that can take him to the House of Allah (i.e. the Ka’aba) and even then that person does not perform the Hajj, then it doesn’t matter whether that person dies a Jew or a Christian.

 

Which means that it is the same if that person dies a Muslim, a Jew or a Christian.  This has been said because Jews and Christians don’t accept the necessity of Hajj.  This Hadith also shows the obligatory nature of Hajj as an act on whose non-performance warnings are given, the performance of that act is compulsory.

 

The author of Jame’ Tirmidhi writes:  This Hadith is Ghareeb but it should be remembered that this Hadith has also reached us through different chains of narration.  Thus it is related in Musnad Daarimi on the authority of Abu Umaama:  The Holy Prophet (Sallallahu alaihi wa sallam) said:  Any person who is not stopped from performing Hajj by any external need or a tyrannical ruler or a disease and still dies without performing the Hajj, then it doesn’t matter whether that person dies a Jew or a Christian.

 

Thus, the Obligation of Hajj is established like other Obligations through these verses and Hadith.  However, Hajj is Obligatory only once in a lifetime.  Thus there is a Hadith in Sahih Muslim on the authority of Hadhrat Abu Hurairah (May Allah be well pleased with him) that the Holy Prophet (Sallallahu alaihi wa sallam) said in a sermon:  O people!  Hajj has been made Obligatory on you.  Thus, you perform Hajj.  On this, a man asked:  O Prophet of Allah (Sallallahu alaihi wa sallam)!  Is it Obligatory every year?  The Holy Prophet (Sallallahu alaihi wa sallam) held His peace so much so that that man repeated his question thrice.  Then the Holy Prophet (Sallallahu alaihi wa sallam) said:  If I had answered in the affirmative, then Hajj would have become Compulsory every year and you wouldn’t have been able to do it.  Then He said:  When I leave you, you should also leave Me, because the previous nations were destroyed only because they argued and disagreed with their Prophets.  Thus, whatever order I give to you, fulfill it as best as you can and stay away from what I forbid.

 

It is mentioned in Musnad Imam Ahmad, Sunan Nasai and Daaraqutni on the authority of Hadhrat ‘Abdullah bin ‘Abbas (May Allah be well pleased with them):  Hajj is Obligatory once in a lifetime and whoever does it more than that, it is Supererogatory (Nafl) for him (or her).

 

In Sunan Abu Dawood it is related on the authority of Hadhrat ‘Abdullah bin ‘Abbas (May Allah be well pleased with them) that the Holy Prophet (Sallallahu alaihi wa sallam) said:  Whoever desires to perform Hajj should make haste in it.  The intent here is that Hajj should be performed in the year in which it becomes Obligatory.

 

Thus, this is the position of Imam Abu Hanifa, Imam Abu Yousuf and Imam Malik (May Allah shower His Mercy on them) and in the opinion of Imam Shaafa’i (May Allah shower His Mercy on him), Hajj does not become Obligatory then itself.  This disagreement is when one feels secure enough.  If due to any disease or old age, there is the fear of dying (without performing Hajj), then by consensus of opinion Hajj becomes Obligatory immediately.

 

In the first situation, if one is able to perform Hajj before death, then it will be considered valid in the opinion of everyone and the sin also will be waived.  If one dies without performing Hajj, then by consensus of opinion, that person will be considered a sinner.

 

The difference being that with those who hold Hajj to be Obligatory immediately the person who delays is a sinner and in the opinion of those who don’t hold Hajj to be Obligatory immediately, the person who delays is not a sinner.  However, the ability to perform Hajj is considered necessary by both.

 

The ability to perform Hajj means that one should be Muslim, free, sane, adult, of sound body and should possess provisions and conveyance for Hajj beyond the essential needs, be it in the months of Hajj, or when starting from one’s place provided the roads and ways are peaceful enough.

 

Hajj is not Obligatory on lunatics, the dim-witted and kids.  If a boy performs Hajj before reaching adulthood, then the Obligatory Hajj will not be considered as done.  After reaching adulthood, the Obligatory Hajj still has to be performed and the earlier Hajj will be considered Supererogatory.

 

In the same way, in the opinion of Imam Abu Hanifa (May Allah be well pleased with him), Hajj is not Obligatory on handicapped persons, those who are lame, blind, paralyzed and a really old person who cannot remain seated on a mode of conveyance without great effort.  In the opinion of Imam Muhammad and Imam Abu Yousuf (May Allah shower His Mercy on them), Hajj is Compulsory not on them but on their wealth so (if they have enough wealth) they should make someone else perform Hajj on their behalf.

 

Having a means of conveyance means that one should own the conveyance or should be able to take it on hire.

 

Having more wealth than essential needs means that after paying away all the loans, be it the dower of the wife, and after bearing the necessary expenses of the house and household members, that person should have enough to meet the expenses of food and conveyance to the point of returning home.

 

Thus if a person has a house apart from the house in which he (or she) lives and that house is given out on hire or has clothes or religious or other books more than what are necessary, then it is necessary that that person should sell them and perform Hajj.  If someone has enough cash that enables one to perform Hajj, then also that person should perform Hajj.

 

[Excerpted from Ahle Khidmaate Shariah]