skills/sistani-guidance/references/books/hajj/pages-001-012.md

# Hajj Rituals

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Hajj Rituals
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Obligation to perform Hajj
It is clear from the Holy Qur'an and the traditions that
performance of Hajj (Pilgrimage) is obligatory on every
person who has attained puberty and has the means
mentioned below.
Hajj is one of the basic principles of Islam; its performance
is one of its essentials, and its non-performance is a grave
sin. Denial of the obligatory nature of Hajj is blasphemy
(kufr). Allah states in the Holy Qur'an, ".. and pilgrimage to
the House is incumbent upon men for the sake of Allah,
(upon) every one who is able to undertake the journey to
it; and whoever disbelieves, surely Allah is Self-sufficient,
above any need of the worlds". (3/97).
Sheikh Kulayni has reported that Imam as-Sadiq (a.s.) has
said, "Whoever dies without having performed obligatory
pilgrimage when he was not prevented by lack of means,
illness, or force, dies a Jew or a Christian". Indeed, there
are many hadiths (traditions) on pilgrimage being
obligatory and on its importance, but the brevity of this
work does not permit setting them all out.
In religion the performance of pilgrimage is obligatory on
a person once only; it is known as ‘Hajjatul Islam’.
Rule 1: Performance of pilgrimage becomes obligatory
immediately in the year in when its conditions are
realised. 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 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
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reach in time. However, if the person was not able to get
there in time for pilgrimage, the obligation to perform it,
most evidently, does not become obligatory on them,
even though their delay was excusable.
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Conditions which make Hajjatul Islam
obligatory
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 4: 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 ihram and before the stay at Muzdalifah, he
should complete the pilgrimage; it would be valid as
Hajjatul Islam.
Rule 5: A person may perform an optional pilgrimage in
the belief that they have not attained puberty. Yet, they
discover, during pilgrimage time or after its completion,
that they had already attained puberty. Such pilgrimage
will counted as an obligatory one.
Rule 6: 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 7: 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.
Rule 8: It is recommended that the guardian of a child,
male or female, who is not capable of rational action,
should help him or her assume ihram. That is, help them
wear ihram and coach them in the recitation of the
talbiyyah, if they are capable of
comprehension.Conversely, he should recite it for them.
He must also restrain him from all matters which a pilgrim
in a state of ihram must avoid. It is permissible to delay
removing the clothes of a child till reaching Fakh if that
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route is taken. The child must then be instructed to
perform all such acts of pilgrimage that he can. The
guardian should perform on his behalf that which he is
unable to do. The guardian should make the child perform
tawaf, sa'y, between Safa and Marwah, wuquf at Arafat
and Mash'ar; rami of jamarat, if they are able; otherwise,
the guardian should throw them on his behalf. This is also
true of tawaf prayer, taqseer, especially get their head
shaved, and the remaining acts.
Rule 9: There is no objection to a guardian assisting a child
to wear ihram, although the guardian is not in a state of
ihram himself.
Rule 10: It is recommended that the person who takes a
child, who is not capable of rational action, on a
pilgrimage as his guardian must be the person who has
the right of custody of the child as detailed in the law of
marriages.
Rule 11: If the expenses of pilgrimage of the child exceed
the usual amount, the excess amount should be borne by
the guardian and not the child. However. And if the
protection of the child was contingent on making the
journey for Hajj, or if the journey was in the child's
interest, it is permissible to meet the expenses of the child
from his own money.
Rule 12: The cost of the sacrifice for the undiscerning child
should be borne by the guardian and so should the
expiation (kaffarah) for hunting. As for kaffarahs which
are attracted as a result of deliberate acts, they would
naturally not fall on the child, even if he is a discerning
one, or the guardian, nor would they be payable from the
child's money.
2. Reason
There is no obligation on an insane person to perform
pilgrimage, even if their insanity is periodic. However, if
they recover during the pilgrimage period, are of means
and able to perform the rituals thereof, it is obligatory on
them to perform 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.
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3. and 4. Freedom and Financial Ability
There are few rules that need considering 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 pilgrimage,
even if you can afford it, if you do not have ample time for
the journey, stay, and performing 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 doing one's
best not to dispense with them until the following year.
However, matters relating to dispensing with the funds
set aside for performing pilgrimage is outlined in Rule 39
below.
B- Physical Health and Strength
If a person is unable to travel to the holy places due to ill
health, old age, or they are unable to stay there for the
required periods because of extreme heat, it is not
obligatory on 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, his property or honour. Otherwise,
pilgrimage is not obligatory. That is the rule regarding the
outbound journey. As for the ruling on the return journey,
it is discussed in Rule 22 below.
However, if after wearing 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 13: If there are two routes available for the journey to
pilgrimage, one safe and the other not, the obligation to
perform pilgrimage remains; that is, the safe route must be
taken, even if it is longer. However, if taking the longer
route involves travelling through many countries, such a
situation would constitute an obstruction on the same
lines of the preceding rule, i.e. pilgrimage ceases to
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become obligatory.
Rule 14: If a person has property in his country which
could perish or be lost if they went on pilgrimage, it is not
obligatory on 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 dictate, such as rescuing a person from
drowning, or fire; or if the journey is dependant on
committing a sin, the avoidance of which is more
important than performing pilgrimage, or of equal
importance.
Rule 15: If performing 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 pilgrimage or it became obligatory
on them in that particular year.
Rule 16: If there is an enemy on the way to pilgrimage and
there is no defence against them except by paying of
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.
Rule 17: If the route to the pilgrimage sites was by sea
alone, the obligation does not cease, except if there was a
reasonable risk of drowning, illness, or the like. If,
however, pilgrimage was performed despite the risk, it
should be deemed valid.
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.
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Rule 18: 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 19: 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 20: 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 on them to perform pilgrimage, even
though they would not be in a position to make it from
their country.
Rule 21: If a person has property for which they are
unable to find a buyer at its real value and, as a result,
they have to postpone pilgrimage in order to sell it for its
real worth, they are not obliged to sell it
immediately.However, if , for example, in the year they
acquired the means to perform pilgrimage, the expenses
have already risen, and that they could even be higher the
following year, it is not permissible to postpone
pilgrimage.
Rule 22: The provision of the expenses for the return
journey is a condition for pilgrimage, only if there had
intend 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.
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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 as to insulate
themselves and their family against poverty. In other
words, the expenditure that arose from the journey to
pilgrimage should not encroach on their maintenance
money..It is not obligatory on a person to embark on
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 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 same in order to provide the expenses for
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.
Rule 23: If a person has property which they need, it is not
obligatory on them to sell it in order to embark on
pilgrimage. However, if they subsequently be able to do
without it, it becomes obligatory on them to sell it to
perform pilgrimage.For example, a lady who has a piece of
jewellery which she needs and cannot do without. Yet if
she reaches a point where she is able to dispense with it,
either because of old age or otherwise, it is obligatory on
her to sell it and perform pilgrimage.
Rule 24: If a person owns a house and there is another
house in which it is possible to reside without undue
hardship, such as a waqf property, adequate to their
needs, it is obligatory to sell the property they own and
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perform pilgrimage, even if the sale price may need to be
supplemented from their other sources of income. This
rule also applies to books of learning and other means of
living.
Rule 25: If a person has sufficient funds to embark on
pilgrimage, but needs to marry, or purchase a house for
residence, or satisfy any other need, it is not obligatory on
them to perform pilgrimage, provided that bearing the
expenses thereof is not going to pose undue difficulty to
them.
Rule 26: A person owes some money and they need it for
the expenses of pilgrimage or part thereof. Repayment of
the debt has already become due. It is, therefore,
obligatory on them to demand it. The debtor may forestall
settling the debt and the creditor is in a position to force
him to force him to pay, even by way of taking him to
court. There may be a case for a possible settling the sum
against other payments due to the debtor. It is, therefore,
obligatory on the creditor to resort to such measures.
Similarly, even if the repayment is not due, a demand
should be made, especially, if payment would be
forthcoming on demand. However, the debtor may be
impoverished or may defer payment; it may not be
possible to enforce settling the debt, or resorting to such
an action may result in distress; the debt could be
premature and the debtor is unwilling to settle it before
the appointed term, and it is possible to assign the debt
without causing harm or distress. In such cases, one
should do so and, from the proceeds, meet the expenses
of pilgrimage or supplement them from other sources if
need be.
Rule 27: It is obligatory on those making a living of a
profession or a vocation like blacksmiths, builders, and
carpenters, whose earnings are usually sufficient for
maintaining themselves and their family, to perform
pilgrimage, should they receive property, by way of
inheritance or any other means that would be sufficient to
meet the expenditure of pilgrimage and maintenance of
their family during their absence.
Rule 28: A person's livelihood may be derived from
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religious dues like khums and zakat, and such regular
income is assured without difficulty. It is obligatory on
them to perform pilgrimage, should they acquire sufficient
funds for the journey and maintenance of their family. The
same rule applies to the person who is in receipt of
lifetime help, or the person whose lifestyle is not going to
change, if they undertook the journey to pilgrimage.
Rule 29: If a person receives sufficient funds to cover the
expenses of pilgrimage by obtaining conditional
ownership of property, it is apparent that pilgrimage
becomes obligatory on them. That is, if they can prevent
the withdrawal of the ownership by selling the article
subject of a revocable gift, for example. Otherwise,
whether pilgrimage becomes obligatory depends on the
decision of the donor or the person vested with the right
to exercise the condition which could result in
withdrawing the ownership. If such person effects the
withdrawal before the completing pilgrimage, it will,
evidently, be deemed as though it was not obligatory on
them.
Rule 30: It is not necessary that, in order to embark on
pilgrimage, the means be acquired from the person's own
property. It can be acquired by way of gift, or be provided
by another person. However, if the cloths for ihram during
tawaf and its prayer were acquired unlawfully, pilgrimage
shall not be valid, as a matter of precaution. If the money
paid for the hady (sacrifice) was acquired by unlawful
means, the pilgrimage is not acceptable, unless it was
bought on credit and was settled from the unlawful
money.
Rule 31: It is not obligatory that the means be acquired by
earning a living or other means. If a gift is made to a
person which would provide them with the means for
pilgrimage, they are not obliged to accept it. Similarly if a
person is offered employment which is compatible with
their status and the remuneration thereof would provide
them with the means for pilgrimage, they are not under
any obligation to accept it. However, if a person renders
services during the journey to pilgrimage and thereby
acquires the means, performing pilgrimage becomes
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