Bismihi Ta`ala

ARE YOU SURE THAT HAJJ IS NOT FARZ ON YOU?
Allah Ta`ala says in the Glorious Qur-aan: ‘’As a right of Allah, it is obligatory upon the people to perform Hajj of the House(of Allah) on everyone who has ability to manage his way to it. ‘’(3:97) So the obligation of Hajj upon those who can afford is found in the Qur-aan. But the fact that it is incumbent only once a life is found in the sunnah: Reported from Mustadrak Al Hakim that when this verse was revealed, someone asked the prophet SAW whether Hajj was incumbent every year? The beloved prophet SAW said: ’’No.’’.

عن علي رضي الله عنه ، قال : لما نزلت هذه الآية « ( ولله على الناس حج البيت من استطاع إليه سبيلا ) قالوا : يا رسول الله ، أفي كل عام ؟ فسكت ، ثم قالوا : أفي كل عام ؟ فسكت ثم قالوا : أفي كل عام ؟ قال : » لا
المستدرك للحاكم

This implies that Hajj is Farz and obligatory upon the rich ONLY ONCE DURING A LIFETIME and not every year.

There are two different phase of conditions for Hajj to be farz and obligatory upon someone. First phase concern those conditions that if these conditions are found, then Hajj is farz. But in case that one of these conditions are not found, then Hajj will not be farz at all on that person and there will be no need for him to send someone on his behalf nor should one care for a will to errand someone after his death. Because if one of them missing, then Hajj will not be obligatory on him. These conditions are that he should be muslim, be sane, reach puberty and during the days that Hajis are leaving for Hajj he is having ability, capacity and enough means(above his necessity) to pay for his travelling expenses to reach Makkah and endure the hajj costs and also leave behind enough money for the expenses of his dependant family members during his absence. If in addition of the above, the following second phase conditions are found, then he should personally go for Hajj and cannot errand someone on his behalf: the person is healthy during the time that Hajis are leaving the country, visa and quota approved, the route to Makkah is without any danger, he is not imprisoned that time, having a mahram or husband with her and also not in `iddah.

If for example, a rich person who never performed Hajj has become old and sick and would not be able to sit in the plane to go for Hajj, then since the second phase conditions are not satisfied, then still he should errand someone else to go for him to perform Hajj on his behalf or else it is wajib for him to do a will such that after his death, someone may perform Hajj for him.

Same for someone who never perform Hajj and now Hajj is Farz on him but could not get the visa or his number did not come out to go on the quota. He should know that Hajj will always be farz to accomplish. He should try to perform it in later years. But when he is despondent on life expectation and becams very old, then he should errand someone to perform Hajj for him or else write a will so that someone may perform Hajj from one third of his inheritance estate.

Same applied to a woman who never perform Hajj and now has the means but could not find a mahram to accompany her. Note also that for Hajj to become farz on a woman, she need to be rich enough to pay for her Hajj expenses and also having also the means to sponsor her mahrams travelling and Hajj expenses. So for Hajj to become farz on a woman, she needs to have the means for two Hajj packages. But this does not mean that a woman should pay for the husbands Hajj. It only means that she needs that wealth for Hajj to become farz. Her husband or Mahram should try to pay for his Hajj. Else if the mahram cannot afford a Hajj, then she should sponsor the Mahrams Hajj so that she may be accompanied. So if she has so much jewellery that she can afford only one Hajj package, then Hajj is still not farz on her. If she has enough jewellery to pay for 2 Hajj packages but cant find a mahram to accompany her, then wait until old age when despondent, then errand someone for her hajj or else always keep a will for a Hajj on her behalf after her death.

Remember that it is the first Hajj that you will do that will be counted as Farz Hajj or Hajjatul Islam. The Hajj done later will be Nafils. So great care should be taken to accomplish the most important Hajj of your life: your first Hajj.

From ahadiths we find the definition of very sick person that has the permission to errand someone else is when the sick person cannot sit on the camel, horse or the vehicle. If he can sit, even when having breathing difficulty in walking, but still he should go personally for hajj once in his life.

Besides means, for the first time Haji, know that he needs a permission of his parents. Because the first Hajj is farz, then if parents are in need of him still he should go with their permission. Else if there are no danger on the route to Makkah and his parents are not in need of his care, then he may go without permission. But still better inform them. If parents not alive, then grand parents that are alive should be treated as parents. In case of a second Hajj, a parent may stop the son from going due to his need.

A woman going for Hajj first time should ask permission from husband and the husband cannot stop her from performing Hajj with a responsible mahram. He may stop her from performing a second nafil Hajj.

A mahram is either the husband of the woman, her blood relation or father in law that she never can marry with them. A mahram should be a male adult of her family described(reached puberty or close to puberty), mature, reliable, a regular musalli and strong enough to defend the woman. Her mahrams will be: Dada(Paternal Grand Father), Nana(Maternal grand father), Mamoo(mothers brother), Chacha(Fathers brother), nephew(brothers son or sisters son), her son, grand son, father, brother, step brother, father in law(husbands father), Dada in law(husbands Grand father) and husband. Ask an active mufti of your area for eligible mahrams.

She CANNOT travel with her husbands nephew, her husbands brother, husbands uncle, her cousin or her husbands cousin.
Do ask before choosing a mahram.
If ever a woman is travelling with father in law or son in law travelling with mother in law, then due to our present degeneration, though permissible but should dwell in separate hotel rooms while during the whole trip.

Note that in any case, a woman should absolutely have a mahram to accompany her through any travelling above 77 kms.

عَنْ أَبِي سَعِيدٍ الْخُدْرِيِّ
أَنَّ نَبِيَّ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا تُسَافِرْ امْرَأَةٌ فَوْقَ ثَلَاثِ لَيَالٍ إِلَّا مَعَ ذِي مَحْرَمٍ
مسلم

The beloved prophet SAW said: ‘’A woman should not travel a distance above nights but she should have a Mahram with her.’’(Muslim)

Three nights is 77 kms, 81, 82 or 88 as per your preference. We have chosen the least as it is the principle of ihtiyaat and precaution during travelling.

So a woman who did not find a mahram should wait until despondent of age or health to send someone of her behalf for a hajj on her behalf. And always keep a will to errand someone aftet her death for her Hajjatul Islam. The written will would be valid to a maximum of one third of the estate inheritance.

All this to tell you that if you never performed Hajj and that if ever in your life, after your puberty, if during the months when Hajis are leaving for Hajj, that time it was possible for you to reach Makkah on the 9th Zil Hijjah, had you had the amount of money or jewellery by you that was sufficient for a hajj package-for man- or 2 hajj packages-for woman- that was above your necessity and family expenses, then Hajj has been made farz on you. Be it that money was kept for wedding of children or your studies, an inheritance received, received jewellery from in laws or whatever money was kept for luxurious initiative. So if during the months of Zil Qa`dah or beginning of Zil Hijjah during your life span, you had a surplus of money or you had jewellery that would have enabled you to go for Hajj, and you never went until now, then you are condemned to perform a Hajj before your death! Even if you have no means now, but fuqahas stress that there is no option for you but to lend money from others so that you may perform your first hajj. Else you would be accounted as someone who abadoned the Hajj that was obligatory on you.

If ever you could not perform this Hajj due to accepted reasons, then in later stages of your life you should errand someone else to perform Hajj on your behalf or finally write a will for someone to perform Hajj after your death from the money of your inheritance(maximum one third).
If ever you will have the capacity and health after erranding someone, then fuqahas says he should now go for Hajj himself.

According to statistics, many of us who never performed Hajj had somehow or the other had these means during the days that Hajis were leaving for Hajj those passed years. That is why it is important to carry out a financial analysis during Zil Hajj months that we have lived during our life. Talk about this to your close non hajis relatives. That whether there was means somehow or the other during our lifetime as Qurbani days was approaching, but we had other projects in head those times. That is why the first project of an adult muslim is the Hajj project. Because if ever Hajj was Farz on you and you died without performing it, then there are severe warnings on that.

First of all, know that if ever Hajj has been Farz on you, then go accomplish it the quickest possible. Do not wait old days to be a Haji. Hajj should be done when you are healthy, strong, young and rich.

عَنْ ابْنِ عَبَّاسٍ قَالَ
قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَنْ أَرَادَ الْحَجَّ فَلْيَتَعَجَّلْ
أبو داود

The beloved prophet SAW said: ‘’The one who intends to perform Hajj, then he should hast for it.’’ (Abu Dawood)

Furthermore if Hajj was Farz and obligatory upon someone and he never performed it until he died, then there is danger for him to die as a Jew or a Christian.(Darimi, Ibn Abi Shaibah)

عَنْ أَبِى أُمَامَةَ قَالَ قَالَ رَسُولُ اللَّهِ -صلى الله عليه وسلم- :« مَنْ لَمْ يَمْنَعْهُ مِنَ الْحَجِّ حَاجَةٌ ظَاهِرَةٌ أَوْ سُلْطَانٌ جَائِرٌ أَوْ مَرَضٌ حَابِسٌ فَمَاتَ وَلَمْ يَحُجَّ فَلْيَمُتْ إِنْ شَاءَ يَهُودِيًّا وَإِنْ شَاءَ نَصْرَانِيًّا
الدارمي

Because performing Hajj ONCE in one`s life is the right of Allah upon us, if ever you had means. If you did not have means, then there is no obligation for you to go perform Hajj.

Note: If someone performed Hajj and then afterwards during his lifetime he became murtad or left Islam-May Allah Taala protect us all- and then afterwards he returned muslim, then if he has means as described above, then Hajj is Farz again on him and hence he should redo Hajj again. This include all those muslims who uttered such words knowingly against the emblems of deen, denied status of corporal punishment of Islam like pelting,etc or mocked sunnah. May Allah Taala protect us, many of us Hajj is Farz upon us. Fuqahas stated to renew our nikah with our wives times to times because of these declarations. Recommended also to go for Hajj a few times in our lifetime due to our present degeneration. Without trampling upon someone else right, if the quota allows you, then it is indeed a recommendation to be present in Arafah each year, if you have the means for it. Else try to be in Haram at least once a year, be it through a Umrah. The beloved prophet SAW made 5 trips to Makkah during 10 years of Madinah. This make it an average of being there once every two years. That is why Mowlana Yousuf Kandlewi set up a jamaat for Hajj every 2 years. In fact, Hazrat Ibn Umar r.a. used to be alternately one year in Umrah and one year in Hajj.(Bukhari)

عَنْ بَكْرِ بْنِ عَمْرٍو الْمَعَافِرِيِّ أَنَّ بُكَيْرَ بْنَ عَبْدِ اللَّهِ حَدَّثَهُ عَنْ نَافِعٍ أَنَّ رَجُلًا أَتَى ابْنَ عُمَرَ فَقَالَ يَا أَبَا عَبْدِ الرَّحْمَنِ مَا حَمَلَكَ عَلَى أَنْ تَحُجَّ عَامًا وَتَعْتَمِرَ عَامًا
البخاري

I cannot finish this article without being grateful to my late mother Fatimah, because it is her blood that is running the love and ultimate passion for the harams in us. I remember that she could sacrifice anything for her Umrahs and Hajj travellings. She took me for my Hajatul Islam. In fact it was under the mashwara of my ustaad, Mufti Radha ul Haq sahab d.b. May Allah Taala bless her with the Highest of Jannah, Jannatul Firdost Al-Ala. Ameen.

Mufti Ayoob bin Ismail Mackoojee
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