Q: If Hajj is accepted does that mean that all the major sins of the hujjaj [the pilgrim] are forgiven?
A: Praise be to Allaah. It was narrated in al-Saheehayn that Abu Hurayrah (RA) said: I heard the Messenger of Allaah (sallaallahu alayhi wa sallam) say: "Whoever performs Hajj and does not utter obscenities or commit sin, will come back as on the day when his mother bore him." (Bukhaari).
And he (sallaallahu alayhi wa sallam) said: "From one 'Umrah to the next is an expiation for whatever (sins) came between them, and for an accepted Hajj there is no reward but Paradise." (Bukhaari)
Hajj and other righteous deeds are means of expiation of sins, if a person does them in the manner prescribed in sharee'ah. The majority of scholars are of the view that righteous deeds only expiate for minor sins; with regard to major sins it is essential to repent. They quote as evidence for this view the hadeeth narrated by Muslim from Abu Hurayrah (RA), according to which the Prophet (sallallahu alayhi wa sallam) said: "The five daily prayers, from one Jumu'ah to the next and from one Ramadaan to the next, expiate for whatever (sins) come in between them, so long as you avoid major sins." (Muslim).
Imam Ibn al-Mundhir (RA) and a group of scholars are of the view that an accepted Hajj expiates for all sins, because of the apparent meaning of the two hadeeth quoted above. And Allaah knows best.
See Fataawa al-Lajnah al-Daa'imah li’l Buhooth al'lImiyyah wa’l-ifta, 11/13.
Condition of Hajj Being Obligatory
Q: What are the conditions of Hajj being obligatory?
A: Praise be to A1laah. The scholars (RAH) have stated the conditions of Hajj being obligatory, which if they are met make it obligatory for a person to perform Hajj and without them Hajj is not obligatory. There are five such conditions: being Muslim; being of sound mind; being an adult; being free and being able to do it.
1 - Being Muslim
This applies to all acts of worship because worship done by a kaafir is not valid. Allaah says: "And nothing prevents their contributions from being accepted from them except that they disbelieved in Allaah and in His messenger" (Q9 [al-Tawbah]:54)
According to the hadeeth of Mu'aadh, when the Prophet (sallaallahu alayhi wa sallam) sent him to Yemen, he said:
"You are going to people from among the People of the Book. Call them to bear witness that there is no god but Allaah and that I am the Messenger of Allaah. If they obey you in that, then tell them that Allaah has enjoined on them five prayers each day and night. If they obey you in that, then tell them that Allaah has enjoined on them charity (zakaah) to be taken from their rich and given to their poor." (Agreed upon).
So the kaafir is commanded first of all to enter Islam, if he becomes Muslim then we tell him to pray, give zakaah, fast, perform Hajj and all the other duties of Islam.
2 & 3 - Being Of Sound Mind And Being An Adult
The Prophet (sallaallahu alayhi wa sallam) said: "The pen is lifted from three [and does not record their deeds]: from one who is sleeping, until he wakes up; from a child until he reaches puberty, and from one who is insane until he comes to his senses." (Saheeh Abi Dawood). So a child is not obliged to perform Hajj, but if his parents take him for Hajj, his Hajj is valid; the child will have the reward of Hajj and his parents will also have a reward, because when a woman lifted up a child and asked. "Is there Hajj for this one?" the Prophet (sallaallahu alayhi wa sallam) said: "Yes, and you will have the reward." (Muslim).
4 - Being free
Hajj is not obligatory for a slave, because he is distracted by his duties towards his master.
5 - Being able to do it
Allaah says: "And Hajj (pilgrimage to Makkah) to the House (Ka'bah) is a duty that mankind owes to Allaah, those who can afford the expenses (for one's conveyance, provision and residence)" (Q3 [Aal 'Imraan]:97). This includes being able both physically and financially. What is meant by being physically able is that one is sound in body and can bear the hardship of travelling to the sacred House of Allaah.
Being financially able means that one has enough funds to get to the sacred House of Allaah and back again. The Standing Committee said (11/30): "Being able to do Hajj means that one is sound in body and has means of transportation to reach the sacred House of A1laahwhether by plane, car or riding animal or by renting such means according to his situation and that he has sufficient provisions to get there and back. That should be surplus to what he needs to spend on those on whom he is obliged to spend until he returns from Hajj. A woman should also have a husband or mahram with whom to travel to Hajj or 'Umrah"
Pay Off Your Debts First!
The money that he uses to reach the sacred House should be surplus to his basic needs. The spending enjoined on him by Sharee'ah, and what he needs to pay off his debts. What is meant by debts here is things that he owes to Allaah, such as expiations and what he owes to other people. If a person has a debt and he does not have enough money to both do Hajj and pay off the debt, then he should pay off the debt first and he does not have to go for
Some people think that the reason is that he did not ask permission from the one whom he owes the money, and that if he gives him permission, then there is nothing wrong with it. There is no basis for this thinking; rather the reason is being in debt. It is known that if the lender gives the debtor permission to go for Hajj, that does not mean the debt is waived, and he will not have discharged his duty because of this permission.
Hence it should be said to the debtor: Payoff your debt first, then if you have enough left, go for Hajj; otherwise Hajj is not obligatory in your case. If the debtor who did not go for Hajj because of his debt dies, then he will meet Allaah with his Islaam complete and not lacking, because Hajj was not obligatory for him, just as zakaah and also Hajj are not obligatory for one who is poor. But if he does Hajj before paying off his debt and then dies before paying it off, then he is in danger, because even the martyr is forgiven for everything except debt, so what about anyone else?
Surplus To His Needs
What is meant by the spending enjoined on him by sharee'ah is what he is obliged by sharee'ah to spend on himself and his family, without being either extravagant or stingy. If he is of average means and wants to show signs of richness such as buying an expensive car so that he will look rich, and he does not have enough money to perform Hajj, then he has to sell the car and use that money to perform Hajj, and he should buy a car that suits his situation. His spending on this car is not a kind of spending that is approved of in sharee'ah, rather it is extravagance, which is forbidden in Islam.
What is meant by financially able is that he should have enough for his family until he returns, and he should have an
income after he returns to take care of himself and those on whom he spends, such as rent from property, a salary and business earnings, etc. Hence he does not have to use the capital of his business, the profit of which he spends on himself and his family to do Hajj, if that loss of capital will result in a loss of profits which in turn will mean that his family does not have enough.
"If It Is As You Describe •••"
The Standing Committee (11/36) was asked about a man who has a sum of money in an Islamic bank and his income came from the profits on that money which gave him enough to live a moderate lifestyle. Is he obliged to do Hajj using that capital, knowing that this would affect his monthly income and stretch his finances unbearably?
They replied: If your situation is as you describe, you are not obliged to perform Hajj because you are not able to in the manner required by sharee'ah. Allaah says: "And Hajj (pilgrimage to Makkah) to the House Ka'bah) is a duty that mankind owes to Allaah, those who can afford the expenses (for one's conveyance, provision and residence)" (Q3[Aal 'Imraan]:97) And He says: "and [Allaah] has not laid upon you in religion any hardship" (Q22 [Hajj]:78)
What is meant by basic needs is what a person needs a great deal of in his life, and which it is too hard for him to do without, such as books for the seeker of knowledge. So we do not tell him: Sell your books and use the money to go for Hajj, because these are basic needs for him: Similarly if a person needs his car, we do not tell him, Sell it and use the money to go to Hajj. But if he has two cars and he does not need one of them, then he has to sell one of them and use the money to go to Hajj.
Similarly, a craftsman does not need to sell his tools, because he needs them. And if a man has a car which he uses for work and spends on himself and his family from the money he earns for hiring it out, he does not have to sell it in order to go for Hajj.
Another basic need is the need to get married. If a person needs to get married, that takes precedence over Hajj, otherwise Hajj takes precedence,
Physically & Financially
If a person is physically and financially able to do Hajj, then he is obliged to hasten to do Hajj. Lf he is not physically and financially able, or if he is physically able but he is poor and has no wealth, then he is not obliged to do Hajj. If a person is financially able but he is not physically able, then we look at the matter further. If his problem is something that he hopes will disappear, such as a sickness from which he hopes to recover, then he should wait until Allaah heals him, then do Hajj.
If his problem is one for which there is no hope that it will disappear, such as a person with cancer or an old person who cannot do Hajj, then he has to appoint someone to do Hajj on his behalf, and the duty to perform Hajj is not waived because of his physical inability if he is financially able. The evidence for that is the report narrated by al-Bukhaari according to which a woman said: "O Messenger of Allaah, Allaah's command to the people to perform Hajj has come when my father is an old man and cannot sit firmly in the saddle. Can I perform Hajj on his behalf?" He said: "Yes." The Prophet (sallaallahu alayhi wa sallam) agreed with her comment that Hajj was obligatory for her father even though he was physically unable to perform Hajj.
A Mahram With Her
In order for Hajj to be obligatory for a woman, it is essential for her to have a mahram with her, and it is not permissible for her to travel for Hajj, whether that is obligatory or naafil Hajj, without a mahram, because the Prophet (sallaallahu alayhi wa sallam) said: "No woman should travel except with a mahram." (Bukhaari). The mahram is her husband or one whom it is permanently forbidden for her to marry because of blood ties, breastfeeding or ties through marriage.
The husband of a sister, maternal aunt or paternal aunt is not a mahram, Some women take this matter lightly and travel with their sister and sister's husband, or with a maternal aunt and the aunt's husband, but this is haraam because the sister’s husband or the maternal aunt’s husband is not a mahram, so it is not permissible for her to travel with him. So there is the fear that her Hajj is not proper, for the proper Hajj (Hajj mabroor) is that which is not mixed with any sin, but this woman is sinning throughout her journey until she returns home.
It is also essential that the mahram be an adult of sound mind; because the aim of the mahram is to protect the woman, and a child or one who is insane cannot do that. If a woman does not have-a mahram, or she has one but he is unable to travel with her, then she is not obliged to do Hajj.
The husband's permission is not an essential condition of it being obligatory for a woman to do Hajj; rather she is obliged to do Hajj when the conditions of it being obligatory are met, even if her husband does not give permission. The Standing Committee said (11/20): "The obligatory Hajj is obligatory when the conditions of being able to do it are met, and the husband's permission is not one of them. It is not permissible for him to forbid her, rather it is prescribed for him to cooperate with her in fulfilling this duty."
This has to do with the obligatory Hajj. As for naafil Hajj, Ibn a1-Mundhir narrated that the scholars were unanimously agreed that a husband has the right to forbid his wife from doing a naafil Hajj, because the husband's rights are binding upon her and are not superseded by something that is not obligatory for her. (AIMughni,5/35).
(Answers are abridged from al-Sharh al-Mumti', 7/5-27 of Shaykh Muhammad Saalih al-Uthaimeen; with additional notes).
This article was culled from the publications of Deen Communication Limited