A Report on the issues of Hajj
By Sheikh Khalid Bin Abd Al Aziz Al Hueiseen
Compiled by: Abu Mujahed Al Maziani
Criteria that makes Hajj performance incumbent:
These rules have been mentioned clearly and directly by the following report:
i. It is collectively agreed that being a Muslim is a criterion for Haj to be incumbent.
ii. Haj is not required for a disbeliever nor an apostate.
iii. Non believers are defined as the Jews, Christians, atheists, and others who are deemed as Kafirs
iv. An apostate is the one who was a Muslim but left his faith by virtue of a breaching factor.
v. Haj performed by a disbeliever is not acceptable and he is not allowed to enter Mecca. There are two reasons why his Haj is not acceptable:
1. Because he is not allowed to enter Mecca due to what Allah Almighty said:
“O you who believe! the idolaters are nothing but unclean, so they shall not approach the Sacred Masjid after this year…”
2. The intention of a Kafir is not counted therefore, he/she can not take an intention for Haj.
vi. If the apostate reverted back to Islam while he/she already performed Haj before becoming an apostate, scholars have two opinions:
He/she has to redo the Haj as to what Allah Almighty said:
“But it has already been revealed to thee,- as it was to those before thee,- “If thou wert to join (gods with Allah), truly fruitless will be thy work (in life), and thou wilt surely be in the ranks of those who lose (all spiritual good)”.”
He/she doesn’t have to redo the Haj which is the preponderate and accepted by sheikh Ibn Baaz (may Allah have mercy on him). This is because if he has to redo the Haj then he will likewise have to redo all the fasting, prayers, Ummrahs and others.
Haj is not required from a slave.
• A slave: Opposite of free and it is: A slave is one who is sold and bought because he has a monetary value for his master and thus Haj is not obligatory on him/her.
• It may be called (slave): abd, raqiq, qin, and it is all a name for one.
• If a slave performed Haj, it will be accepted. Yet will not be excused of the Fard Haj of Islam.
The proof of that is what was published by Al Baihaki and Al Shafiee from a hadith by Ibn Abaas (may Allah be please with them) that the prophet (peace and blessings be upon him, his household and companions) said: “If a young boy (not an adult) performs Haj and then attains puberty, he should perform Haj again. And if a slave performs Haj and then gains his freedom, he should perform Haj again.” This hadith is a Sahih.
• If a slave was freed before reaching Arafah, and then made the intention to perform Haj, his Haj will be accepted.
• If a slave was freed in Arafah, the agreed upon is that his Haj will be accepted.
• If a slave left Arafah and was then freed and if he then returns and stands on Arafah, his Haj will be accepted.
The meaning of puberty is the point of reaching the age of responsibility and the meaning of the age of responsibility is the time when the pen of judgment begins recording for the individual.
Scholars have differed on whether judgment is recorded for an individual who reached puberty in the age of 15.
• The answer: Omar Bin Abd Al Aziz (may Allah have mercy on him) chose that the individual will be judged. Others have chosen on the appearance of other signs which will be stated later if Almighty Allah permits.
• If an individual reached a certain age and still no signs of puberty appeared he will be considered mature by the age of 19.
Ibn Mahram (may Allah have mercy on him) said: It has been agreed that whoever reached the age of 19 he is an adult, whether or not the signs of puberty appeared.
• The boy: His Haj is accepted but will not excuse the child from making the fard Haj.
It was reported in Muslim’s Sahih: A woman lifted a boy, and asked the Prophet, “Will this boy be rewarded for Haj?” The Prophet (peace be upon him) answered: “Yes, and you too will be rewarded.”
As such the Prophet (peace be upon him) approved the validity of the Haj, but didn’t approve it as a Fard Haj. (That the child must perform the Fard Haj when he/she grows up).
The signs of puberty:
• Reaching the age of 15 as said by some ancestors and at their head was Omar Bin Abd Al Aziz (may Allah have mercy on him).
• The growth of hair on the armpits and the groin.
• Semen discharges for males and discharges for females.
• As for the female she must be menstruating and capable of pregnancy at the age of 9 and above.
Note: The length of an individual and the breaking of his voice his not a sign of reaching the age of puberty, but usually occurs with it.