Notes of Lectures on Fiqh by - Maulana Sadiq Hasan

Among all the acts of worship (furoo-e-deen), Hajj is the only worship, for which a complete surah (Surah Hajj) is revealed in the Holy Quran.

Hajj is also mentioned in Surah Ale Imran and Surah Baqarah in Quran.

Hajj is also the only worship, which, if started, must be completed and can not be left half-done, even if it is a Mustahab Hajj

(unlike Mustahab Sawm, which can be broken anytime, if necessary, without any sin).

Quran: "And the Hajj is incumbent upon mankind for the sake of Allah, for those who can afford to undertake journey to it; and whoever denies, then surely Allah is Self-sufficient, independent of the worlds", Surah Ale Imran, (3:97).

Hadees 1: If a person, on whom Hajj has become wajib, does not perform Hajj and dies, he/she will die as a Christian or a Jew.

Hadees 2: If Hajj becomes wajib on a person and if it is not performed, then he/she will be raised as a Christian or Jew on the day of judgement.

Hadees 3: When a person, on whom Hajj becomes wajib, completes the Hajj properly, his/her sins are forgiven such as if he/she is a newly born person.

Hadees 4: When a person completes a Hajj properly, his/her every dua is accepted for four months.

WHEN DOES HAJJ BECOMES WAJIB ?

Hajj becomes wajib only when a Muslim attains certain capability (Isteta’at) as defined by Islamic sharia.

Hajj is therefore a conditional wajib (wajibe mashroot) act as opposed to absolute wajib (wajibe mutlaq) acts such as salat and sawm.

Another example of conditional wajib act is Salatul Juma (Friday Prayer).

For conditional wajib acts, it is not necessary for a person to deliberately create the conditions for the act to become wajib.

If a person does not attain the required capability (Isteta’at), then Hajj is not wajib on him/her.

If such a person performs the Hajj without the required capability, then his Hajj is OK, but he has to perform the Hajj again in future if and when he attains the required capability (isteta’at).

It is not wajib on a person to try to achieve the required capability in order to perform Hajj.

This is not the case for other acts of worship such as wudu for wajib salat, for which it is wajib to try to get the water for performing wudu.

The wajib Hajj is of two types depending upon how it becomes wajib:

(1) Hajje Isteta’ei (wajib when attaining required Isteta’at automatically)

(2) Hajje Bazli (wajib when someone gifts sufficient money to someone for Hajj)

When someone gives you sufficient money as a gift for performing the Hajj, then it is wajib for you to accept the gift and go for Hajj.

For example, if husband is willing to pay for his wife or for his baligh child for Hajj, then it is wajib for the wife or that child to go for Hajj.

If they go to Hajj with this gifted money, then they have performed their wajib Hajj and need not go again even if they get their own sufficient money in future.

If someone is giving sufficient money as a gift to someone without putting a condition to go for Hajj, then it is not wajib for the receiver to accept the money.

But if he accepts and the money is sufficient and other conditions of isteta’at exist, then he has to go for Hajj.

If a person, on whom Hajj is not wajib (e.g. na-baligh person, or when the passage is not safe), performs the Hajj somehow, then he will get the sawab of that Hajj, but he will have to go to do his wajib Hajj in future when Hajj becomes wajib on him.