What are the conditions for hajj to become fard for a person?

- What are the conditions for hajj to become fard?
- Is it fard for a person who has nisab amount of wealth to go to hajj?
- I am an official; I am fifty years old and have five children. I have a flat in which I live and I have another flat that I rent out. Is it fard for me to go to hajj?

Dear Brother / Sister,

The conditions for hajj are divided into two: the conditions that are related to everybody and the special conditions that are related to women only. When all of these conditions exist, hajj becomes fard. Otherwise, it does not become fard. 

General Conditions for Hajj

They are the conditions for the obligation, health and performing of hajj; like being a Muslim, being sane, having reached the age of puberty and being able to perform hajj.

1. Being a Muslim: Hajj is not fard for an unbeliever. Since he is not liable to worship, his hajj is not valid. If an unbeliever performs hajj and becomes a Muslim afterwards, hajj becomes fard for him. According to Hanafis, an unbeliever is not responsible for the orders and prohibitions of the religion; therefore, he is not called to account for abandoning hajj. According to the majority of fiqh scholars, he is responsible for Islamic orders and prohibitions and he is called to account for them in the hereafter.

2. Having reached the age of puberty and being sane: Children and mentally ill people are not obliged to perform hajj. For, they are not held responsible to perform religious decrees. The hajj or umrah performed by a mentally ill person is not valid since he is not liable to worship. If a child and a mentally ill person perform hajj and then the child reaches the age of puberty, the mentally ill person becomes sane, hajj becomes fard for both of them. The hajj performed by the child before puberty becomes a nafilah hajj. The following is stated in a hadith:  

"There are three people whose actions are not recorded: a sleeper until he awakes, a boy until he reaches puberty, an insane person until he is restored to reason." (Abu Dawud, Hudud,17; Ibn Majah, Talaq, 15)

Mental disease, fainting, drunkenness and sleep do not eliminate the order of ihram. (see Ibnul-Humam, Fathu'l-Qadir, II/120 ff.; al Maydani, al Lubab, I/177; Ibn Rushd, Bidayatul-Muctahid, I/308 ff.; Ibn Qudama, al-Mughni, III/218-222, 241, 248-250)

3. Being Free: Hajj is not fard for a slave and prisoner. For, hajj necessitates a long journey and it is necessary to be able to be strong and rich enough to make this journey. A person who is not free cannot make this journey.

4. Time: Hajj does not become fard unless a person reaches Arafat for waqfa and the Kaaba for circumambulation of ziyarah at certain times. The following verses show that hajj is a deed of worshipping based on time:

"They ask thee concerning the New Moons. Say: they are but signs to mark fixed periods of time in (the affairs of) men, and for pilgrimage." (al-Baqara, 2/189)

 "For Hajj are the months well known." (al-Baqara, 2/197)

According to Hanafis and Hanbalis, hajj months are Shawwal, Dhul-Qada and the first ten days of Dhul-Hijja. The following hadith reported from Abadila (Ibn Mas'ud, Ibn Abbas, Ibn Umar and Ibn Zubayr) is shown as evidence for it:

"The greatest hajj (hajj al-akbar) is the days of eid al-adha." (Bukhari, Hajj, 33, 34, Umra, 9; Muslim, Hajj, 123; Nasai, Manasik, 77; Darimi, Manasik, 38; Muwatta ; Hajj, 63)

The times outside this period are not suitable for entering ihram and performing parts of hajj. However, if a person enters ihram before these months with the intention of hajj, his ihram and hajj will be valid. The evidence for this is the following verse:

"And complete the Hajj or `Umrah in the service of Allah." (al-Baqara, 2/196)

In that case, it is not permissible to do any of hajj deeds before hajj months start. According to Hanafis, ihram is a condition; to do it before its time is like making wudu before the time of prayer. For, ihram means (for the person to make hajj) to make some things haram and some things necessary for himself. It is similar to starting ihram before Miqat. However, it is makruh to enter ihram before hajj months. The following hadith reported by Ibn Abbas (d. 68/687) is evidence for it: "It is among sunnahs to enter ihram only in hajj months." (Bukhari)

According to Malikis, hajj months are three months. Ihram starts at the beginning of Shawwal, that is, the first night of eid al-fitr and continues until the dawn of the first day of eid al-adha. If a person stays in Arafat for a moment with ihram before dawn on the first day of eid al-adha, he is regarded to have reached hajj. Then, he needs to do the other deeds of hajj like the circumambulation of ziyarah and sa'y. (Ibnul-Humam, ibid, II/ 220 ff.; Ibn Qudama, al-Mughni, III/271; ash-Shirazi, al Muhadhdhab, I/200; az-Zuhayli, ibid, III/63-65)

5. Affording hajj (istitaa). This may be related to the safety of the body, wealth and way. The following is stated in the verse:

"…Pilgrimage thereto is a duty men owe to Allah―those who can afford the journey." (Aal-i Imran, 3/97)

According to Hanafis, the phrase "those who can afford the journey" includes the elements of the "body, wealth and safety". They form the conditions of performing hajj.

     a. Sound body and health. Accordingly, hajj is not fard for a person who is invalid, very ill, blind, paralyzed, who has had both of his legs amputated, an old person who cannot sit on a mount without the help of a person, a person who is in prison and a person whom cruel administrators do not give a visa. For, Allah made it a condition for hajj to become fard "to afford/to be able to go to hajj". Ibn Abbas interprets the word "istitaa" as victuals (food and drink necessary on the way) and mount (camel, horse, car, etc.). The following is stated in a verse:

"On no soul doth Allah place a burden greater than it can bear." (al-Baqara, 2/286)

      b. To have enough wealth. It includes the food he needs to eat on the way and (fare of) means of transportation. Accordingly, a person who wants to go to hajj needs to have enough money (wealth) to provide food for himself and the people in his family during hajj journey and to buy tickets for the transportation (or to have the means of transportation). The people living in Makkah and around Makkah do not have to have a means of transportation; it is enough to be healthy enough to walk for them. 

     c. Road Safety. Road safety (security on the road) is necessary for hajj to be fard. According to Abu Hanifa, it is among the conditions for its being fard but according to other scholars, for performing hajj.

Road Safety for women: If a woman has a mahram male relative who is not fasiq, who is sane and who is older than 12, or her husband with her, the road (journey) becomes safe for her. It is makruh tahrimi for a woman to go to Makkah from a distant place (that lasts three days and nights or more on foot) without her husband or a mahram male relative. If she performs hajj like that, it is makruh but permissible. The existence of a mahram male relative is a condition for being fard but some scholars say it is a condition for performing hajj. Due to the widespread mischief today, a woman cannot go on a journey with her milk brother. It is makruh for her to remain alone with her milk brother as it is the case with young relatives through marriage. Shafiis add the following principles regarding the issue: "A woman can perform hajj with other reliable women in the group (convoy). (see al-Qasani, ibid, II/121-125; al Maydani, al Lubab, I/177; Ibn Abidin, Raddul-Muhtar, II/94-199; ash-Shirazi, ibid, 196-198; az-Zuhayli, ibid, III/25-32)

If you have the conditions stated above, hajj is fard for you.

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