Rafed English

The Hajj of Underage Children

8. It is desirable for the underage child, who distinguishes [the good and the bad], to perform the Hajj, and the validity of the Hajj is conditional upon the permission of his guardian such as his father. If he met all the criteria for Hajj other than that of adolescence, his Hajj is correct, but it would not qualify as Hajjat-al-Islam [and therefore when s/he is at or over the adolescence age, s/he is obliged to go to Hajj whenever becoming mostatee'].
9. If the under aged distinguishing child went on the Hajj [journey] but reached adolescence before declaring and assuming ihraam, and if he met all criteria to be considered as mostatee', his Hajj is correct and qualifies as Hajjat-al-Islam.
10. If one performed the Hajj with the mostahab intention, believing that he is not adolescent, but then it became apparent that he is, his Hajj is correct and qualifies as Hajjat-al-Islam, unless that his Hajj has been considered with the specific intention of mostahab such that if the Hajj is considered to be obligatory for him he would not perform it, which is an extremely rare supposition.
11. It is mostahab desirable for the guardian of the non-distinguishing child male or female to wear him the two garments of ihraam, after removing his normal clothing, and dictate to him the talbiyah word by word. If it is not possible to dictate the wordings to the child, the guardian should intend and say it on the child's behalf, and he should prevent the child from committing prohibited acts of the ihraam. He should help the child perform any rite of the Hajj if he could do so, or do it on his behalf if the child could not do so. The father should take him to do the tawaaf around the House, the say, observe the woquf in Arafaat and Mashar al-Haraam, go to Mina, perform the stoning, shaving or trimming, and all other rites of the Hajj such as prayer of the tawaaf, etc.
12. The expenses of the child should come out of the child's own assets, unless that would leave him penniless, in which case it is the guardian's responsibility.
13. The cost of the Had'y should be from the assets of the child, and if latter did not have any, should come out of his guardian's, and he should offer the Had'y by proxy on the child's behalf.
14. The kaffaarah of hunting, if the child committed it, is from the assets of the guardian if the guardian was the father, or from the assets of the child if the guardian was not the father. However, the kaffaarah [of committing prohibited acts] other than hunting is from the wealth of the child regardless of the guardian being the father or not.
15. If the kaffaarah were to be paid from the assets of the child, if the guardian deducted them from the wealth of the child it is sufficient, otherwise, it is obligatory upon the child to deduct them from his assets after the age of adolescence.

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