The Laws of Hajj
- :Ayat. Sayyid Ali Sistani
The Laws of Hajj "Pilgrimage"
According to the verdicts of Ayatullah Sayyid Ali al-Husseini as-Seestani
2043. Pilgrimage (Hajj) means visiting the House of Allah (Ka'abah), and performing all those worshipful acts which have been ordered to be performed there. It is obligatory on a person once in his lifetime, provided that he fulfills the following conditions:
(i) He should be pubescent.
(ii) He should be sane and free, that is, he should not be insane and should not be a slave.
(iii) Because of going to Mecca for Hajj performance, he should not be obliged to commit a prohibited act, avoidance of which is more important than the Hajj, nor should he be compelled to forsake an obligatory work which is more important than the Hajj.
(iv) He should be capable of performing the Hajj, and this depends upon number of factors :
(A) He should possess provisions and means for transportation, if need be, or he should have enough money to buy them.
(B) He should be healthy and strong enough to go to Mecca and perform the Hajj ceremonies, without suffering extereme difficulties.
(C) There should be no obstacle on the way. If the way is closed, or if a person fears that the will lose his life, or honor, while on his way to Mecca, or he will be robbed of his property, it is not obligatory on him to perform the Hajj. But if he can reach Mecca by another route, he should go to perform the Hajj ceremonies, even if the other route is a longer one. But that route should not be unusually longer.
(D) He should have enough time to reach Mecca, and to perform all the acts of ceremonies in the Hajj.
(E) He should possess sufficient money to meet the expenses of his dependants whose maintenance is obligatory on him, like, his wife and children, as well as the expenses of those who have to be paid, like, servants, maids, etc.
(F) On return from the Hajj, he should have some means of livelihood, like, income from the property, farming, business, employment etc. so that he may not lead a life of hardship.
2044. When a person is in need of owning a house, performance of Hajj will be obligatory on him if he also possesses money for the house.
2045. If a wife can go to Mecca but does not have any means of support on her return, and if her husband is also poor, and cannot provide her subsistence, subjecting her to hard life, the Hajj will not be obligatory on her.
2046. If a person does not possess necessary provision for the journey, nor any means of transport, and another person asks him to go for the Hajj undertaking to meet his expenses as well as of his family during his Hajj, and he (i.e. the person who is asked to go for the Hajj) is satisfied with what the other man offers, the Hajj becomes obligatory on him.
2047. If a person is offered the expenses of his return journey to Mecca, as well as the expenses of his family during the period of Hajj, the Hajj becomes obligatory on him, even if he is indebted, and does not possess means of support with which to lead his life after his return. But if the days of hajj and the days of his work coincide, meaning that if he abandons his work and goes for the Hajj, he will not be able to pay his debts in time, nor support himself for the rest of the year, the Hajj will not be obligatory on him.
2048. If a person is given expenses of going to Mecca and returning from it, and the expenses of his family during that period, and is asked to go to the Hajj without mentioning that the given help is his property, performance of the Hajj becomes obligatory on him, if he is satisfied that it will not be taken back from him.
2049. If a person is given an amount to cover expenses just sufficient for the Hajj, with a condition that on his way to Mecca he will serve the person who gave the expenses, the Hajj does not become obligatory on him.
2050. If a person is given monetary help to enable him to perform the obligatory Hajj, and he does perform the Hajj, another Hajj will not become obligatory on him if he himself becomes wealthy.
2051. If a person goes, for example, to Jiddah in connection with trade, and acquires sufficient monty to go to Mecca, he should perform the Hajj. And if he performs the Hajj, performance of another Hajj will not be obligatory on him, if he later acquires enough wealth to enable him to go to Mecca from his hometown.
2052. If a person is hired to perform the Hajj in behalf of another person, but he cannot go for the Hajj himself, and wishes to send someone else, he should seek a permission from the person who hired him.
2053. If a person could afford to perform the Hajj but did not perform it, and then became poor, he should perform the Hajj facing all odds. And if he is not able to go for Hajj at all, and if another person hires him for the Hajj, he should go to Mecca and perform the Hajj in behalf of the person who has hired him. He should then remain in Mecca for a year if possible, and perform his own Hajj. But, if it is possible that he is hired and given his wages in cash, and the person who hires him agrees that he may perform the Hajj in his behalf next year, he should perform his own Hajj in the first year, and that in behalf of the person who has hired him, in the second year, if he feels that he might not be able to perform his own Hajj in the following year.
2054. If a person goes to Mecca in the year in which he can afford to perform the Hajj, but cannot reach 'Arafat (The mount of Recognition) and Mash'arul Haram (the Sacred Monument) at the prescribed time, and cannot afford to go for the Hajj during the succeeding years, the Hajj is not obligatory on him. But, if he could afford to go for the Hajj in the earlier years, and did not go, he should perform the hajj in spite of all difficulties.
2055. If a person did not perform the Hajj in the year in which he could afford to go for the hajj, and cannot perform the Hajj now owing to old age, or ailment, or weakness, and does not hope that in the future, he himself will be able to perform the Hajj, he should send someone else to perform the Hajj in his behalf. In fact, even if he does not lose hope, the obligatory precaution is that he should hire a person. And when he becomes capable afterwards, he should perform the Hajj himself also. And the same applies if a person becomes capable of going to the Hajj for the first time, is prevented to perform the Hajj because of old age, ailment or weakness, and loses hope of gaining strength. In all these cases, however, he should, as a recommended precaution, hire a male person, and the one who is going to Hajj for the first time.
2056. A person who has been hired by another person to perform the Hajj should perform the circumambulation of women also in his behalf, failing which his own wife (i.e. the wife of the hired person) become prohibited for him.
2057. If a person does not perform the circumambulation of women correctly, or forgets to perform it, and if he remembers it after a few days and returns to perform it, his action is in order. And if his returning is difficult for him, he can depute another person to perform the circumambulation in behalf of him.
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