- The Hajj in Islam, being incumbent upon a mustati', is not obligatory for more than once in the entire lifetime (of an individual).
- The obligation of Hajj is immediate for a mustati'; i.e. the Hajj should be performed in the first year of istita'ah and any delay in it is not permissible. In case of delay, the obligation still remains and it should be performed in the following years, and…
- If after istita'ah, Hajj requires preliminaries like travel provisions, these should be arranged for, so that the Hajj could he performed in the very first year (of istita'ah) In case of dereliction of the individual such that he could not go on Hajj in that year, the Hajj obligation remains and should be fulfilled later on under any conditions, even if the status of istita'ah is lost.
CONDITIONS FOR THE OBLIGATION OF HAJJ IN ISLAM
Several conditions make the Hajj obligatory, and without all of them the Hajj would not he
obligatory.
A and B. Maturity and sanity. Hajj is not incumbent on the children and the insane.
- If a child is made Muhrim for Hajj and becomes religiously mature in the process of the pilgrimage, the Hajj would be acceptable as the required Hajj of Islam.
- One who thought that he was religiously immature and went on istihbabi Hajj and then realised that he was religiously mature, cannot consider his Hajj as the required Hajj of Islam, unless he had made the niyyah to perform the Hajj which the Divine Legislator (Allah the Almighty) has decreed for him.
- Atonement for hunting rests with the guardian. Other types of atonements obviously do not rest with either the guardian or the child.
- In Hajj, sheep for sacrifice should be procured by the child's guardian.
C. Having financial istita'ah, physical health and ability, and free access and sufficient time.
- Financial istita'ah means having provisions for the Hajj journey and the means of conveyance for it. If the likes of these are not possessed, something such as money or another commodity should be available for possible use to obtain the required provisions. It is a condition that the individual should financially afford his return trip. Other issues related to istita'ah will be subsequently explained.
- For Hajj to become obligatory, the individual should be able to afford expenses of departure and return. In addition, he should have whatever is imperative for a living and sustenance such as a residence, household appliances, automobile and the like, in accordance with his social standing and honour. In case he lacks these things, he should possess money or anything else with which he could provide them.
- One who needs to get married and for whom abstaining from marriage would result in disease or the commitment of sin and forbidden acts, and who needs money for marriage, would become mustati' when the marriage expenses are met in addition to the Hajj expenditures.
- If one has money owed to him and possesses the rest of the conditions for istita'ah, he should receive the amount owed to him if the due time of payment has arrived provided he can obtain it without difficulty. Then he should go on Hajj.
- If one who does not afford Hajj obtains a loan to cover its expenses, he will not become mustati', and the Hajj he performs will not be considered the required Hajj of Islam.
- One who can afford Hajj expenses but has debt as well, should go on Hajj if he has time for repayment and he is confident that when repayment time comes he can afford to repay his debt. The same rule applies to a case when repayment time approaches yet the creditor agrees to defer repayment and the debtor is confident that he can repay it at the determined time. Apart from these two cases, Hajj will not be regarded as obligatory.
- If the high expenses of the Hajj do not make the prospective pilgrim unable to afford the pilgrimage, this will not remove the obligation of Hajj, unless such expenses cause distress and difficulty for him.
- For those who have extra equipment which they do not require at the moment, and which if sold would cover the Hajj expenses, Hajj is obligatory, provided that they meet all other conditions for the pilgrimage.
- If one doubts whether his property is sufficient enough to make him mustati' for Hajj, it is obviously necessary for him to study the matter. There is no difference regarding the necessity of study and investigation in this matter between the one who does not know the amount of actual estimate of his property and the one who does not know Hajj expenditures.
- One who knows that under the normal conditions and the expenses of Hajj he would not have istita'ah but who believes that possibly through study and investigation he could find ways to go on Hajj under his present conditions, does not need to embark on such investigation. But for one who does not know whether or not he has istita'ah f or Hajj it is obviously obligatory to take proper stock of his present financial conditions.
- One who is employed to render services to the pilgrims and who could meantime perform all Hajj rites and could earn his living upon return, would be considered as having istita’ah for Hajj. Hajj is obligatory for him and he would meet the requirements of the Hajj in Islam, even though it is obligatory for him to be hired.
- Among conditions for istita'ah, the individual should be able to meet expenses of his family (members of the household which are dependent on him) until his return from Hajj.
- In istita'ah arising through competence, i.e. upon return from Hajj the person has to engage in trade, agriculture, industrial activity or have property such as orchards and shops in order not to face distress and difficulty in making his living, if he is able to engage in a business befitting his place and position, it would suffice. If upon return, he could make his living with allowance, it would also suffice.
As a result, Hajj is obligatory for students of theological seminaries who, upon return from Hajj, would require allowances of the theological seminaries and who could make a living with such allowances.
- Conditions for the obligation of Hajj is physical ability, as well as openness of the route and availability of time. Therefore, Hajj is not obligatory for a sick person who lacks the physical strength to go on Hajj or who faces great distress and difficulty in doing so. The same applies to a person to whom the route for Hajj is closed or who faces time shortage such that he could not go on Hajj in due time.
- If. while having istita'ah, a person abstains from going on Hajj, he will be committing a sin and is duty-bound to go on Hajj in any way possible.
- The mustati' should personally perform Hajj. Deputation of Hajj would not suffice for him, unless for one who cannot perform Hajj due to old age and sickness.
- One who is personally mustati' cannot become a representative to perform another person's Hajj. If such a Hajj on deputation is performed, it will be null and void.
18. If one who is required to go on Hajj pilgrimage passes away before fulfilling this obligation, his Hajj should be performed with what he has left behind, and a Hajj Miqati will suffice in such a case.
MISCELLANEOUS ISSUES OF ISTITA'AH
- A woman who lacked financial means during her husband's lifetime, acquires the financial means for Hajj after his death through his inheritance, but since she has an illness that prevents her from going on Hajj she will not be called a mustati' and Hajj is not obligatory for her. Likewise, if, after becoming a widow, she does not have a job, farming or industrial occupation with which to earn a living upon return from Hajj, she will not become mustati', even if what she has received as inheritance is enough for her to go on Hajj and return.
- A woman whose marriage portion is equal to or more than the Hajj expenses is a mustati' for Hajj, provided she can obtain her marriage portion without causing trouble and difficulty (for her husband).
- A woman whose marriage portion is sufficient for Hajj and is owed the same by her husband, since he cannot afford to pay it does not have the right to demand the marriage portion and is not mustati'.
- If a person has a very expensive house and can go on Hajj with the difference earned through selling it and buying a cheaper one, should not sell the house if it is not higher than his status and position. In this case he is not a mustati'. If the house is more than his social standing, he is a mustati', provided all other conditions are met.
- Those who can meet the expenses of the Hajj journey through business or other means and who upon return can meet a part of their expenses through earnings such as preaching and the remaining part from allowances through legal sources (theological schools) are mustati', even if they need. the allowance to meet their expenses upon return from Hajj.
- If one sells a piece of land or something else to buy a house, he will not become mustati' in case he needs the money to buy a house, even if the money is sufficient to cover the Hajj expenses.
- When the due time for Hajj arrives, the mustati' cannot dispense with his status of istita'ah, and before this time, based on ihtiyat wajib he should not dispense with the status istita'ah.
- If a person who was hired to go on H a 1 j on behalf of another person who was not a mustati' at the time of concluding the contract but who before the Hajj became a mustati' through means other than the sum of the contract, should cancel the contract and perform his own obligation of the Hajj in Islam.
- Caravan attendants who arrive in Jeddah would become mustati' if, while serving the Hajj pilgrims, they are able to perform all Hajj rites and rituals and meet all other conditions of istita'ah, for instance, having actual or potential means of earning a living and being competent for a job or industrial and other ability with which they could earn a proper living upon return. These persons should perform the Hajj in Islam which fulfils their obligation of Hajj. If the caravan attendants do not meet the required conditions, they `re not mustati' and their Hajj will
be istihbabi, but they should perform the obligatory Hajj, if they later become mustati'.
- It is incumbent on the physicians and other people who come to Miqat on duty and who meet all conditions of istita'ah in Miqat to perform the Islamic obligation of Hajj, even though it is necessary for them to carry out their duties as well.
- One who has financial capability and meets other conditions of istita’ah should go on Hajj. Performing other good deeds such as visiting the holy sites or building mosques will not substitute the obligation of going on Hajj.
- If, during the obligatory Hajj, the mustati' were to make the intention of istihbab due to negligence or on the assumption of not having attained istita'ah, or even consciously and wilfully with the aim of practice for performing the obligatory Hajj better the following year, there is a degree of doubt for the fulfilment of Hajj unless the intention for the Hajj was according to what has been decreed by the Divine Legislator. On this basis, as a matter of ihtiyat, he should go on Hajj the next year.
- If the mustati' passes away after putting on the ihram and entering the Sacred Mosque, the Hajj obligation will be removed from him.
- If the deceased person was mustati' in his lifetime and deliberately delayed the Hajj pilgrimage, Hajj remains due on him and a Hajj Miqati should be performed for him from what he has left.
- For one who meets all the conditions of a mustati' for Hajj but has not performed it, the obligation of Hajj remains, even if due to old age or an incurable disease it is not possible for that person to go on Hajj in the latter case the person should send a representative to perform Hajj on his behalf.
- A wife does not require the permission of her husband to go on obligatory Hajj, and she should perform her obligatory Hajj even if her husband does not approve of her travelling for Hajj.
- Family, in case of financial istita'ah for which nafaqah is a requisite, refers to a person's formal family, though it may not be religiously qualified for his maintenance allowance.
QUESTION 1: Suppose a person becomes ill in Madinah (say if he undergoes an apoplexy) and
is hospitalised for two weeks by the doctors. If after convalescence, it is difficult to take him to
Makkah to perform the H a
rites, what is his duty?
ANSWER: if it is the first year of istita'ah and the person lacks the strength, even for an
emergency case, to carry out the Hajj rites, the status of istita'ah will become null and void, and
the Hajj will not be obligatory. If, however, it is not the first year of istita'ah and the Hajj is
already incumbent on him and the person is despaired of regaining health, then a substitute
should carry Out the rites of Umrah and Tamattu'.
QUESTION 2: At present, those who want to perform the Hajj pilgrimage should register their
names in advance and make the necessary arrangements. If the turn of a person takes several
years to come, and before the coming of the turn that person finds other means of going on Hajj
and borrows money and goes to Makkah, will such a pilgrimage be considered the obligatory
Hajj of Islam?
ANSWER: If Hajj has not already become incumbent and the person cannot presently go on
Hajj without borrowing money, Hajj is not obligatory for him, and such a pilgrimage cannot be
considered the obligatory Hajj of Islam.
QUESTION 3: 1 went on Hajj by borrowing money and receiving a month's salary in advance.
Since the person who lent the money fully approved of my going on Hajj and did not need his
money, would my Hajj be regarded obligatory or not7
ANSWER: If your financial istita'ah met the required conditions, your Hajj will be correct and
deemed obligatory, provided that you can easily repay your debt later on. But if you obtained
financial istita'ah by borrowing money, you have not become mustati', and your Hajj will not be
Considered the obligatory Hajj of Islam.
QUESTION 4: Based on lots drawn by the Hajj and Pilgrimage Organisation, Allah willing, 1
will be able to go on Hajj in the coming years based on the following conditions:
(a) The entire expenses of the Hajj performed by me and my spouse have been met by khums
money.
(b) I am a school teacher and lead an ordinary life with continence.
(c) I do not have a house or an automobile of my own. 1 am a tenant in every city where 1 work.
(d) I have ordinary housing appliances. In view of these conditions and doubts raised by others
about Hajj being obligatory for my spouse, and me would our Hajj meet conditions necessary for
obligation?
ANSWER: As per the conditions cited, if your spouse has enough money to go on Hajj and
return, she would be mustati'. You would have istita'ah only when you have household
appliances for yourself and your family in accordance with your social position, and when upon
return you could make a living for yourself and your family through what you earn.
QUESTION 5: If a person was mustati' but neglected to go on Hajj until he lost his turn, now
that names are no longer being registered, would it be permissible for him to perform Hajj by
way of connections and recommendations inside or outside Iran and through expending huge
amounts? This is because. otherwise, his duty of fulfilling the obligation would be delayed for
years and he tears that, Allah forbid, he would be considered as one who has forsaken Hajj.
ANSWER: He should go on Hajj in any way possible if it does not violate the regulations of the
Islamic Republic of Iran, and in a way that he would not face distress and difficulty.
QUESTION 6: Supposing Hajj has not already become incumbent on a person but while
registering names for the Hajj, he became mustati'. Later on, he, however, faced financial
problems and needed the money he had deposited with the bank (for registering his name). Could
he withdraw the money or not? Would it make any difference if his turn comes in the first year
or in the next years?
ANSWER: Based on this supposition, he is not mustati' and can withdraw his money. It would
make no difference.
QUESTION 7: A person who had to perform the obligatory Hajj departed for Hajj from Pakistan, fell ill in Madinah but continued his journey to Makkah in that condition, and passed
away in a hospital in Makkah before performing the Hajj. At the time of his death, his entire
property consisted of some money and a piece of land in Pakistan. Given the fact that his money
is not enough for Hajj on his behalf, should his heirs sell the piece of land and hire someone to
fulfil his Hajj, or would the obligation of Hajj no longer be due upon his death?
ANSWER: If he arrived in Makkah with the ihram for Umrah Tamattu' and passed away before
performing 'Umrah or after completing its rites, whatever he performed will be accepted and the
obligation of Hajj would be removed from him. But if he entered Makkah without ihram for11
Umrah and passed away there, and in case Hajj had remained incumbent on him, a substitute on
his behalf should be hired out of what he has left behind. A Hajj Miqati would suffice in such a
case. But if Hajj had not remained incumbent on him, he would not be considered a mustati', and
there is no need to hire a person to perform Hajj on his behalf.
QUESTION 8: If a person becomes mustati' in Miqat and performs the obligatory Hajj of Islam,
would it suffice or not? Would kifayah be a precondition or not?
ANSWER: If he becomes mustati', it is sufficient, but he should have kifayah.
QUESTION 9: In cases where an organisation or body sends a person on Hajj without asking
him to do anything in return, would it be regarded as Hajj Badhli and should it be necessarily
accepted?
ANSWER: Provided that it is legitimate, it would be Hajj Badhli if there is no commitment to do anything in return for it.
QUESTION 10: A person has four sons, all of whom are married, and can meet his annual expenses and has no debts, but he and his sons make their living jointly from the same source of
income. Now, since the Hajj expenses of only two people can be met, is Hajj obligatory in this
case? If so, IS it only incumbent on the father or on the sons as well? If Hajj is incumbent on the
sons, which one has the priority to perform it?
ANSWER: One who has enough property to meet his Hajj expenses, go to Makkah, and upon
return afford a living, which befits him, is mustati' and should perform the Hajj.
QUESTION 11: Having financial istita'ah and being 72 years old, 1 have been prevented from
going on Hajj pilgrimage by the Health ministry in accordance with domestic laws, as 1 am
addicted to opium. What is to be done from the viewpoint of Sharia' ?
ANSWER: If you were previously mustati' but did not go on Hajj pilgrimage, you shoulder the
duty of going on Hajj. If previously you did not have istita’ah, you are not mustati' under the
present conditions, unless you can abandon opium addiction, obtain the required permit, and go
to Makkah.
QUESTION 12: If a person has capital or equipment and can sell part of it to lead a comfortable
life and go on Hajj with the difference, would he be mustati'?
ANSWER: If all the other conditions are met, he will be deemed mustati'.
QUESTION 13: A person has an orchard which has not brought him any income for several years but which, if sold, would cover his Hajj expenses. He is sure that by the time the orchard
bears fruit, he would be old and retired and would be dependent on it for his living. Would such
a person be mustati?
ANSWER: If he has no source of income other than the orchard, he will not be considered mustati'.
QUESTION 14: In the case of debt, how much money should a person possess to have istita'ah?
In case he has the needed money but suffers from cardiac ailment and has been notified by the
physicians at the Hajj and Pilgrimage Organisation that his pilgrimage might be dangerous,
should he substitute someone else?
ANSWER: If before attaining istita'ah he fell ill and consequently lacked the strength to go to
Makkah, he will not become mustati' and there is no need to substitute someone else for Hajj. In
addition, financial istita'ah would develop only when he has enough money for a round trip and
can easily repay his debt.
NIYABAH IN HAJJ
Conditions of the na'ib:
a. maturity
b. sanity
c. faith
d. confidence in performing the rites
c. knowledge of Hajj rites and rituals
f. exemption from the obligatory Hajj that particular year
g. having no excuses to abstain from certain Hajj rites
2. Conditions of one for whom a na'ib is hired:
a. For the obligatory Hajj, the person for whom a na'ib is hired should be a deceased one, and in
case he is alive. H a 11 should be incumbent on him, while he cannot personally go on Hajj due
to an incurable disease or old age. In the Hajj Istihbabi, this is not a condition, and the person
who hires a na'ib does not have to be mature and sane. There is no need for the na'ib and one
who hires him to have familiarity. One who has not so far gone on Hajj and is mustati' can
become a na'ib for another person.
3. Hiring a person who has little time for Hajj at-Tamattu' and who is compelled to perform the
Hajj al-Ifrad is not correct for a person on whom Hajj at-Tamattu ' is incumbent. But if the na'ib
was hired with ample time and then the time ran out, he should engage in 'udul. This would
suffice for Hajj at-Tamattu'. The na'ib should be paid in return.
4. One on Whom Hajj had become obligatory but had not gone on Hajj pilgrimage in the first
year of istita'ah due to ailment or inability to walk because of old age or of imminent distress and
difficulty by going on Hajj should hire a na'ib in case there is no hope of his recovery. Based on
ihtiyat wajib, he should immediately hire a na'ib. If Hajj does not become incumbent on him, he
will definitely face no obligation in this regard.
5. When the na'ib performs the Hajj, the one who hired him does not need to personally go on
Hajj later even if the excuse he had no longer exists. But if this excuse is removed before the
completion of Hajj, the pilgrimage on behalf will not suffice.
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6. One on whom Hajj is incumbent, whether through having istita'ah or being duty-bound,
should not engage in niyabah for another person.
7. If the hired person dies after ihram and entrance into the Haram, (Sacred Mosque of the
Ka'bah) this would suffice for the Hajj of the one whom he represented. But if he dies after
ihram and before entrance into the Haram, it would not suffice based on ihtiyat wajib. In this
case there is no difference whether the Hajj was supererogatory, by hirement (on behalf), the
Hajj in Islam or the obligatory Hajj, the same decree that applies to one who goes on Hajj in
person would apply here.
8. If a na'ib is hired to carry out the religious duty of one who hires him - as is the case for hiring
the na’ib for Hajj - and if he dies after ihram and entrance into the Haram, he deserves the entire
wage (of na'ib).
9. One who has gone to Makkah as a na'ib without having personally performed the obligatory
Hajj should follow the ihtiyat mustahabb and, after niyabah, perform Umrah Mufradah' for
himself. This ihtiyat is not binding. nevertheless, it is highly recommended.
10. One who cannot perform some Hajj rites due to valid reasons cannot be hired as a na'ib for
Hajj. If such a person who has excuses not to perform some rites, gratuitously and voluntarily
goes on Hajj on behalf of another person, this would not suffice.
SECONDARY ISSUES RELATED TO NIYABAH
1. The caravan attendants who are compelled to leave Mash'ar at midnight to perform the
required tasks in Mina or who have to accompany the weak pilgrims to Mina, would be among
those having excuses for not being able to have ikhtiyari Wuquf in Mash'ar. Therefore, their
niyabah will be invalid. But, If they have been hired as a na'ib before employment (as a caravan
attendant), they have to perform the Hajj and observe ikhtiyari Wuquf.
2. For a living person who can hire a na'ib, it would suffice to employ the na'ib at the Miqat.
3. One who performed the Hajj for the first time, say as a caravan attendant, could go on Hajj as
a na'ib for his deceased father or mother, unless he was not mustati' in the first year and has
become mustati' in the next year.
4. Ihram would be incorrect for one who, as a na'ib, becomes a Muhrim at the Masjid ash-
Shajarah and goes to Makkah where he realises he was personally mustati'. He should return and
become a Muhrim for his own 'Umrah Tamattu' and perform his own religious duties.
5. The condition of faith and belief of the na'ib, being a prerequisite for niyabah in Hajj, also
applies to other rites in which niyabah is permissible, such as ramy and Tawaf.
6. It is incumbent on the na'ib to perform the rites in accordance with the decrees of his own
Marja' Taqlid.
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7. A na'ib who, at the time of accepting niyabah, was fully capable of representing another
person at the Hajj but who has an excuse at the time of becoming a Muhrim or even before,
could continue his niyabah if his excuse does not make him violate some Hajj rites. But if his
excuse makes him violate some Hajj rites, the contract for his niyabah could be declared null and
void. Based on the ahwat, the na'ib and one who has hired him should make a compromise on
the former's wages, and the duty of the 'Umrah and Hajj would be vested with the latter.
8. Gratuitous or wage earning niyabah is not acceptable from those hired to render services and
unable to have ikhtiyari wuquf in Mash'ar, as well as all other people who have excuses and who
have performed such incomplete forms of Hajj. Their niyabah would not be acceptable as the
Hajj of the persons who have hired them, and they do not deserve wages.
9. One who cannot perform the ikhtiyari rites of the Hajj is exempt and cannot become a na'ib.
10. The niyabah of a person who lacks the ability to correct his qira'ah is null and void. If he
has the ability, the niyabah of such a person is valid, provided he corrects his qira'ah.
QUESTION 1: Suppose a person who registers his name, receipt of payment, and specifies in
his will that after his demise his son should go on Hajj and perform it on behalf of him, passes
away. Upon the father's death, the son obtains financial istita'ah but he can only go on Hajj using
his father's receipt of payment. Now by using this receipt and arriving at Miqat should he
perform the Hajj on behalf of his father? Or would he obtain istita'ah and have to perform Hajj
for himself.
ANSWER: The son can go on Hajj using the receipt based on his father's will in case the will for what is additional to the Hajj Miqati does not exceed one third and the heirs have allowed it.
He should perform the Hajj on behalf of his father.
QUESTION 3: In the past two cases, if the son shoulders the duty of performing Hajj on behalf
of his father but performs his own Hajj, would it be considered his obligatory Hajj of Islam or
not?
ANSWER: No.
QUESTION 4: A person's father who was mustati' passes away. The son takes his father's receipt and goes on Hajj with the intention of representing his father. He reaches Miqat where he
himself is mustati'. What should he do? 1 should explain that there is no will. Nor has he been
asked to engage in niyabah. For instance, he was the sole heir and Hajj would not be possible for
him unless in this way.
ANSWER: In this case, he should perform his own Hajj and hire a na'ib for his father.
QUESTION 5: Being responsible for the Hajj caravan, 1 had to take care of the sick and disabled people in my group and, therefore, performed idhtirari Wuquf. Please explain my religious duty.
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ANSWER: If you accompanied disabled and sick persons who had excuses not to engage in ikhtiyari Wuquf, here is no problem for you. But if served as a na'ib for someone else, your niyabah would not be acceptable.
QUESTION 6: A person served as na'ib for a deceased person without having any excuses not
to perform some Hajj rites at the time of being hired as na'ib. But several years after performing
the Hajj, he realised that in the Mash'ar al-Haram he had engaged in idhtirari Wuquf with women
and sick persons for whom he was guide and went to Mina. He was unaware of the fact that the
na'ib should engage in inkhtiyari Wuquf. What duty does he shoulder?
ANSWER: This should not have been done on a Hajj in which he was hired as na'ib and he does
not deserve any wages. In terms of the wages, he should refer to the person who hired him. Or in
case his contract for niyabah has not expired, he should once again go on Hajj as a na'ib and
correctly perform the rites.
QUESTION 7: My late father had stated that his eldest son should go to Makkah on his behalf. 1 am the eldest son and have become mustati' with the inheritance. So far, I have not been able to
convert my share of the inheritance into cash. Under such conditions, can 1 perform the Hajj on
my father's behalf or not?
ANSWER: Supposing that you have financial istita'ah through converting your share of the inheritance into cash, you should primarily perform your own-obligatory Hajj and later on perform it on behalf of your father or hire a na'ib for him.
QUESTION 8: A lady for whom the Hajj was obligatory said in her last will that the executor of
her will should go on Hajj on her behalf using money from what she left behind. Now the executor of her will has physical, financial, and other types of istita'ah, but has not registered
name for Hajj based on an excuse and lacks istita'ah for travelling. Could the executor of the will
engage in Hajj Niyabi?
ANSWER: If the executor of the will did not previously have istita'ah, if the route is not open to him now, and if he is not mustati', he can be hired for Hajj Niyabi. But if he can reach the Miqat without. being hired, he should not perform Hajj Niyabi and should perform his
own Hajj.
QUESTION 9: While hiring someone for Hajj, if the person hiring the na'ib is unaware that the
latter has excuses and hires him, would the niyabah wages be halal for the na'ib? Would his Hajj
Niyabi be correct and be considered the obligatory Hajj of Islam or other type of Hajj for the one
who has hired him?
ANSWER: In case he had an excuse and was hired, he does not deserve wages and it would not
suffice for the Hajj Niyabi.
TYPES OF 'UMRAH
1. As with Hajj, Umrah also falls into two types: obligatory and recommended. Umrah would
become incumbent only once in the lifetime of one who has istita'ah. As with Hajj, its obligation
is immediate. In its obligation, there is no requirement for having 1 . istita’ah for Hajj. If one is
mustati' f o r 1 Umrah, it would become incumbent on him to perform, even if one is not mustati'
f or Hajj. The opposite also holds true: If a person has istita'ah for Hajj but is not mustati' for
Umrah, he should perform the Hajj.
But for those who are away from Makkah, such as the Iranians who shoulder the duty of Hajj at-
Tamattu', the istita'ah of Hajj and the istita'ah of Umrah would be the same, as Hajj at-Tamattu'
is a combination of both. This is contrary to the case of people who are in Makkah or close to it.
They shoulder the duty of Hajj and Umrah Mufradah, for one of which they should have
istita'ah.
2. Getting into the state of ihram is compulsory for anyone who wants to enter Makkah. To get to
the state of Umrah or Hajj. If he wants to enter Makkah sometime other than the Hajj season, he
should perform Umrah Mufradah. This does not apply to one for whom only a month has passed
after ihram. In such a case, ihram is not necessary.
3. Going on repeated 'Umrah (more than once), like going on Hajj repeatedly, is mustahabb.
Spacing is not needed between two Umrah, but based on precaution, one can perform only one
'Umrah for himself every month. Each person can however, perform an Umrah on behalf of
others.
TYPES OF HAJJ
The Hajj in Islam is of three types: Hajj at- Tamattu, Hajj al-Qiran, and Hajj al-Ifrad. Those who live over 48 miles away from Makkah should perform Hajj at-Tamattu', while Hajj al- Qiran and Hajj al-Ifrad are incumbent on others.
HAJJ AL-IFRAD AND 'UMRAH MUFRADAH
1. A person who cannot perform Umrah Tamattu' due to shortage of time should go on Hajj al-
Ifrad. With the same ihram for the Hajj at-Tamattu, he can perform the Hajj al-1frad and go to
the plain of 'Arafat and embark upon Wuquf like other pilgrims. He should then go to Mash'ar
and stay (Wuquf). Afterwards, he should go to Mina and perform the Mina rites apart from hady,
which is not compulsory for him. He should subsequently go to Makkah, perform the Tawaf,
prayer, Sa’y, Tawaf an-nisa and its prayer.
After this, he can dispense with ihram and return to Mina to pass the night and spend nights of
tashriq period as done by other pilgrims. In principle, therefore, Hajj al-1frad is similar to Hajj
at-Tamattu' with the exception that in the latter case, a hady should be offered, while in the Hajj
al-1frad, hady is not compulsory and is rather recommended.
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2. Umrah Mufradah which should be performed after Hajj by one whose Hajj at-Tamattu' has
been turned into Hajj al-Ifrad requires departing from Adni al-Hal. It is best to put on ihram
from "Je'ranah" or "Hudaybiyah", or "Tan'eem" which are closer to Makkah. Then he should go
to Makkah for circumambulation around the Ka'bah and recite its prayer, embark upon Sa’y
between Safa and Marwah, engage in Taqsir or shave his head, carry out the Tawaf al-nisa and
recite Tawaf prayer.
HAJJ AT-TAMATTU IN BRIEF
Hajj at-Tamattu' includes two rites: Umrah Tamattu and Hajj at-Tamattu'. Umrah Tamattu' has
priority over Hajj.
Umrah Tamattu' has the following five acts:
1. getting into the state of the ihram.
2. Tawaf around the Ka'bah
3. Tawaf prayer
4. Sa’y between Safa and Marwah
5. Taqsir
When the Muhrim accomplishes these tasks, things, which had become unlawful to him due to
ihram become permitted.
Hajj at-Tamattu' comprises of the following thirteen acts:
1. Getting into the state of the ihram
2. Wuquf in the plain of 'Arafat, Wuquf in Mash’ar al-Haram
4. stoning the Jamarat al-Aqabah in Mina
5. offering sacrifice in Mina
6. shaving the head or Taqsir in Mina
7. Tawaf in Makkah
8. reciting two rak'ah Tawaf prayer
9. Sa’y between Safa and Marwah
10. Tawaf an-nisa
11. reciting two rak’ah prayer of Tawaf an-nisa.
12. staying in Mina on the 11th, 12th, and 13th Dhu'l al-Hijjah (for some people)
13. ramy Jamarat on the 11th 12th of DWI al-Hijjah. Those who remain in Mina on the night
preceding the 13th should engage in ramy jamarat on the 13th.
1. It is permissible to perform 'Umrah Mufradah during the Hajj season before Umrah Tamattu.
2. Based on precaution, one should observe a month's space between the two Umrah he
undertakes for himself. If the second Umrah is performed through niyabah, the na'ib can receive
wages for it. If the Umrah Mufradah is obligatory for the one who has hired the na'ib, it would
be sufficient.
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