It is clear from the Holy Qur’an and the traditions that Hajj (Pilgrimage) is one of the fundamentals of religion (Furu-e-Dīn) which is obligatory once only (i.e., Hajjatul Islam) on every Muslim who has attained puberty and has the means. Meanwhile, selected rulings on Hajj rites based on the religious verdicts (Fatwas) of His Eminence, Grand Ayatollah Sistani (May his authority be prolonged) shall be discussed as follows:
Obligation to perform Hajj
Rule 1: Performance of pilgrimage becomes obligatory immediately in the year when its conditions are realized. If one fails to perform it, deliberately or for an excuse, it must be fulfilled in the ensuing year, and so on. Postponing it without a valid reason is a grave sin.
Rule 2: When performing pilgrimage becomes obligatory, one must make all the arrangements for the journey to ensure the performance of the ceremonies in time. If there are several groups one could join, by any means of travel, so much so that one is confident to reach in time, it is permissible to join any one of them or take any route; yet it is preferable to choose the one that would definitely get you there in time.
Rule 3: If it was possible for a person to make the journey in the same year, pilgrimage becomes obligatory, even if leaving it to the last minute, in the hope that they would reach in time. However, if the person was not able to get there in time for the pilgrimage, the obligation to perform it, most evidently, does not become obligatory on them, even though their delay was excusable.
Conditions which make Hajjatul Islam obligatory
The conditions that make Hajj obligatory are as follows:
1: Adulthood
Pilgrimage is not obligatory on any person who has not attained adulthood, even if they were approaching it. A pilgrimage, performed by a child will, most evidently, not be counted as Hajjatul Islam, even if it was performed properly.
Rule 1: If a boy, who has the means to make the journey, leaves for pilgrimage and attains puberty before assuming ihram at the appropriate Meqat, his pilgrimage is valid as Hajjatul Islam. However, if he attains adulthood after wearing the ihram and before the stay at Muzdalifah, he should complete the pilgrimage; it would be valid as Hajjatul Islam.
Rule 2: It is recommended for a discerning child to perform pilgrimage but, as is widely believed, it is conditional on the consent of his guardian.
Rule 3: The consent of parents is not a prerequisite for the validity of a pilgrimage of an adult. However, if the journey to perform a recommended pilgrimage displeases either or both of them, for fear, for example, of the dangers arising from the journey, it is not permitted to embark on it.
2: Reason (Aql)
There is no obligation on an insane person to perform a pilgrimage, even if their insanity is periodic. However, if they recover during the pilgrimage period, are of means and are able to perform the rituals thereof, it is obligatory for them to perform the pilgrimage, even if they remain insane during the other periods. However, should they know that bouts of insanity coincide with pilgrimage days, they should deputies a person as soon as they recover.
3 and 4: Freedom and Financial Ability
There are a few rules that need consideration under this heading.
A- Time
There must be enough time for making the journey to Makkah and staying throughout the obligatory periods. In other words, it is not obligatory to perform a pilgrimage, even if you can afford it, if you do not have ample time for the journey, stay, and perform the obligatory rituals. This should also be the case, even if there was time, yet it entails enduring great difficulties. In such circumstances, it is obligatory to set aside the funds for the journey in the ensuing year and do one’s best not to dispense with them until the following year.
B- Physical Health and Strength
If a person is unable to travel to the holy places due to ill health, or old age, or they are unable to stay there for the required periods because of extreme heat, it is not obligatory for them to set out for pilgrimage personally. However, they must send an agent to perform it for him.
C- No Obstruction
The route must be open and safe, i.e., there must be no barrier to reaching the Meqat and no danger to the pilgrim’s life, property or honour. Otherwise, pilgrimage is not obligatory. That is the rule regarding the outbound journey.
However, if after wearing an ihram an eventuality, such as illness, arises, or a danger posed by an enemy, the special rules relating to such circumstances will be discussed.
Rule 1: If a person has property in his country which could perish or be lost if they went on pilgrimage, it is not obligatory for them to do so. Similarly, it is not obligatory to make the journey of pilgrimage, if it was in response to a more urgent and more important act, called for by religious dictates, such as rescuing a person from drowning, or fire; or if the journey is dependent on committing a sin, the avoidance of which is more important than performing pilgrimage, or of equal importance.
Rule 2: If performing a pilgrimage will result in a sin, either by an omission to do what is obligatory in religion, or the commission of a forbidden act, a sin will have been committed which will have to be answered. Such will remain unconnected with the pilgrimage which will be valid as a Hajjatul Islam, provided that all the other conditions for its validity are observed. There is no difference in this regard whether the pilgrim was already duty-bound to perform the pilgrimage or it became obligatory for them in that particular year.
Rule 3: If there is an enemy on the way to pilgrimage and there is no defence against them except by paying off one’s property as to be unfair to the pilgrim, it is not necessary to lose the property. Accordingly, the obligation to perform pilgrimage ceases. Otherwise, the obligation remains. Even so, it is not necessary to bribe the enemy to facilitate the opening of the road.
D- Expenses for the Journey
There must be sufficient funds to meet the expenses, arising from the journey, such as those for eating, drinking and other necessities. The provision must be adequate for the return journey including transportation. The amount necessary would depend on the financial position of the pilgrim.
Rule 1: Provision of expenses and transport is not merely to meet the necessities. They are an unqualified condition for the pilgrimage, even if the provision is not required by the pilgrim who, for instance, is capable of making the journey walking without any difficulty, and doing so would not be derogatory to his dignity.
Rule 2: The measure of the expenses for the journey is what the pilgrim physically has with him. It is not obligatory for a person to raise funds to meet the expenses through his business or other sources. There is no difference in this regard between a close and a distant journey.
Rule 3: The starting point of incurring expenses for the journey is the residence of the pilgrim and not his country of origin. For example, if the person had moved to another town for business or other purposes and when they were there, they acquired the means for the journey, it is obligatory for them to perform pilgrimage, even though they would not be in a position to make it from their country.
Rule 4: The provision of the expenses for the return journey is a condition for pilgrimage, only if there had intended to return home. If this was not the case and the person had plans to reside in another country, it is enough to have provisions sufficient to get them there. However, if the country to which they intend to go is more distant than theirs, it is not necessary to have sufficient provisions to get them there, and make the pilgrimage obligatory; they only need to have sufficient funds to enable them to return home, unless they have no alternative but to proceed to the more distant country.
E- Availability of Means on Return
The person must be in a position to maintain themselves and their family on returning home. It is necessary that, on their return, they should be solvent enough to insulate themselves and their family against poverty. In other words, the expenditure that arose from the pilgrimage journey should not encroach on their maintenance money. It is not obligatory for a person to embark on a pilgrimage if in so doing, they would need to bear the cost of the journey from their property which could be the source of maintenance for themselves and their family. If they do not have alternative means of livelihood on a par with their social status, clearly it is not obligatory on them to sell their property which they would need as a necessity of life, nor is it obligatory to sell their home, personal and household effects, tools of the trade needed for livelihood, such as books required by a scholar for study.
Generally, disposal of necessities is not necessary, if doing so would cause distress and hardship. However, if there were surplus items at the person’s disposal, it is obligatory to sell the same in order to provide the expenses for the pilgrimage. For example, if one owns a house of the value of eighty thousand pounds and it is possible to sell it and purchase another one for a lesser price without causing any hardship, it is obligatory to do so and use the extra amount generated for performing pilgrimage and spending on family needs.
To be continued: Hajj Rites and its Rulings Part 2
