Hajj Ritual

Under Which Conditions Does Hağğatu-l-Islām Become a Duty?

1. Adulthood (having attained sexual maturity)

The pilgrimage is not an obligation for anyone who is not yet sexually mature, even if they are close to it. A pilgrimage that is performed by a child will not be counted as Hağğatu-l-Islām, even if it was performed properly. Instead of an obligatory pilgrimage it is considered as a voluntary pilgrimage.

#4: If a child who has the means to make the journey leaves for pilgrimage and attains sexual maturity before entering the state of ihrām at the appropriate mīqāt, their pilgrimage is valid as Hağğatu-l-Islām. However, if the child attains adulthood after assuming ihrām and before staying in Muzdalifah, they should complete the pilgrimage as usual. According to the predominant understanding it is valid as Hağğatu-l-Islām.

#5: If a young person performs a voluntary pilgrimage, because they believe that they are not yet an adult (that is not yet being sexually mature), but then discover during or after the pilgrimage that at the time of the performance they had already reached sexual maturity, this pilgrimage will be counted as an obligatory one.

#6: Making the pilgrimage is recommended for a child who is mumayyiz but it depends on the consent of the child's guardian.

#7: The consent of the parents is not required for the validity of the obligatory pilgrimage of an adult. But if the plan to perform a voluntary pilgrimage displeases either or both of the parents, e.g. because their concern about the dangers arising from such a journey distresses them, it is not permitted.

#8: It is recommended that the guardian of a girl or a boy who is not yet mumayyiz support their pilgrimage. That is, they should help them to put on ihrām clothing and to teach them to recite the talbiyyah or prompt them with the lines. If they are not able to pronounce the words, the guardian should recite the talbiyyah in their place. They must also keep anything that a pilgrim in the state of ihrām has to avoid away from the child. It is permissible to delay the removal of the child’s clothes till they reach Fakh (name of a place) if that route is taken. The child has to be instructed to perform all the rituals of the pilgrimage that they are capable of doing on their own. The guardian should fill in for the child where they are unable to carry out the actions. The guardian should take care that the child performs ṯawāf, sa´ī, the standing at mount Arafat and throwing stones at the pillars if the child can do that. Otherwise, the guardian themselves should throw the stones on the child's behalf and should also assume the prayer after completing ṯawāf, the trimming of the head's hair and the remaining acts.

#9: There is no objection to a guardian assisting a child entering the state of ihrām and putting on ihrām clothing, although they themselves are not in a state of ihrām.

#10: It ought to be apparent that taking a non-mumayyiz child along on the pilgrimage is only recommended for the person who has their custody, as detailed in the law of marriages.

#11: If the expenses of the child's pilgrimage exceed the usual costs of a local pilgrim, the excess amount should be borne by the guardian and not by the child. However, if the safety of the child depends on their taking part in the journey (e.g. because they cannot be taken care of at home) or if the journey is in the child's interest, making these payments with the child's own money is permitted.

#12: The costs for the sacrificial animal for a young child who is not yet mumayyiz (under 7 years old) should be covered by the guardian; this applies also to the kaffārah for hunting. As for compensations which are due as a result of deliberate acts, they are clearly not an obligation in the case of a child, even if they are mumayyiz.

That is, neither the guardian nor the child needs to pay anything.

2. Sanity

There is no obligation on an insane person to perform the pilgrimage. However, if the disease occurs intermittently and at the time of the pilgrimage the sick person is in a quiescent phase and is able to provide the means and to perform the rituals, then the pilgrimage becomes their duty, even if at other times they suffer from their illness. However, if they know that the active phase of their disease is to be expected during the days of the pilgrimage, during a period of sanity they should entrust the performance of their pilgrimage to someone else.

3. Freedom 4. Feasibility

Under this heading, there are several rules that need to be observed.

A- Time

There has to be enough time to make the journey to the Holy Places, to stay there throughout the prescribed period and to carry out the duties. In other words, one is not obliged to undertake the pilgrimage, even though they could afford it, if they do not have ample time to make the journey and to perform the obligatory rituals or if they are so pressed for time that it would be far more difficult for them to perform the rites of Hajj in comparison to what the average pilgrim has to endure.

Whether under such circumstances it is an obligation to set aside the funds for the next year, is explained in #39 below.

B- Physical Health and Strength

If a person is unable to travel to the Holy Places due to ill health or old age or they cannot stay there for the required period of time because of the extreme heat or for other reasons, which are insufferable, there is no obligation on them to undertake the pilgrimage personally. However, they must appoint an agent who will perform the pilgrimage on their behalf (see #63).

C- Obstacles

The route must be cleared and safe, so as to pose no obstacles on the way to the mīqāt or the Holy Places nor to put the pilgrim, their property or their honor in danger. Otherwise, the pilgrimage is no longer an obligation. That is the rule regarding the journey to the Holy Places. Regarding the return journey, please see #22 below.

If the pilgrim was deterred from reaching the Holy Places after having already entered the state of ihrām, e.g. by illness, enemies etc., there are special rules which will be discussed below.

#13: If there are two routes available for the pilgrimage journey and the shorter one is unsafe, the obligation of pilgrimage remains, but the safe route must be taken, even if it is longer. However, if taking the longer route extremely extends the journey, this will constitute an obstruction, as mentioned in the previous rule, and it is no longer an obligation to perform the pilgrimage.

#14: If a person owns property in his home country, which would deteriorate if they went on the pilgrimage, they are not obliged to do so.

It is a duty to refrain from the pilgrimage, if other acts need to be done, which are, according to religious beliefs, more urgent and more important, such as rescuing a person from drowning or from a fire. In case of an act that is equally important as the pilgrimage, they have the choice. The same applies if the pilgrimage were dependent on committing a sin. If the avoidance of the sin is more important than the pilgrimage, they must refrain from the Hajj. If it is equally important, they have the choice.

#15: If someone fails to do a religious duty (wāğib) or commits a prohibited act (harām) in order to make the pilgrimage, their pilgrimage will be considered as Hağğatu-l-Islām anyway and is valid, even though they have committed a sin.

#16: If there are opponents on the way to the pilgrimage and the pilgrim can only avoid them by paying with their property and this is regarded as coercion, the duty of the pilgrimage is cancelled. Otherwise, the obligation remains. There is no obligation to bribe an enemy to facilitate the opening of the route.

#17: The obligation of the pilgrimage ceases if the only way to get there is by boat and there is a reasonable concern about the risk of drowning or illness or if it causes fear or anxiety to a degree that is hard to bear. If the pilgrimage were to be performed despite the risk, it would be deemed valid.

D- Expenses for the Journey

There must be sufficient funds to cover the expenses arising from the journey, including food and other necessities. The ability to meet the payments for the expenses of both the outward and the return journey, including transportation, must be ensured. The necessary amount of money depends on the needs and the status of the pilgrim.

#18: Means of transport are only a condition if they are required. If they are not necessary, because e.g. the pilgrim is capable of making the journey on foot without any difficulty and does not regard it as being beneath his dignity, then they are omitted.

#19: The availability of funds to meet the expenses of the journey is the determining factor, that is, the means are actually at the disposal of the pilgrim. There is no obligation of pilgrimage if the person is merely in the position to earn or otherwise acquire the means. The existence of a means of transport is a condition insofar as it is needed, no matter whether the pilgrim's journey is long or short.

#20: The requirements relating to the expenses of the journey of the pilgrimage apply to the current whereabouts of the mukallaf as the starting point of the journey and not to their principal residence. If the mukallaf is situated somewhere closer to the Holy Places, e.g. because of business or other matters, and becomes aware that by starting from there they would be able to cover the expenses for the pilgrimage, it is their duty to perform the pilgrimage, even though they would not be in the financial position to make the journey from their hometown.

#21: In the case in which a person has property and financing their pilgrimage would depend on selling that property for which they cannot find a buyer who is willing to pay a fair price, they have to sell it at a lower price in order to make the pilgrimage, as long as the sale does not damage them or force them to sell their property far below its true value.

If during the year in which the mukallaf is able to perform Hajj the costs for the pilgrimage, e.g. the expenses for transportation, have risen and they are expected to be lower the following year, this is not a legitimate reason to postpone a pilgrimage which has become obligatory for them.

#22: Providing the expenses for the return journey is only a condition for pilgrimage if the pilgrim intends to return home after completing the pilgrimage. If this is not the case and the person plans to go and stay in another place, it is sufficient to have enough money to get there. But if their country of choice is located farther away than their home country, providing the means for the longer journey is not essential and the pilgrimage becomes their duty. They only need to have sufficient funds to return home, unless they have no alternative but to proceed to the more distant country.

E- Availability of Means After Returning Home

After returning home from pilgrimage, the pilgrim must be able to provide for themselves and their family. Certainly, the pilgrim should neither have to fear poverty nor should they become incapable of providing for themselves and their family due to the expenses that have been incurred.

If the pilgrim and his family make their living from a seasonal occupation and if that income would be lost because the season coincides with the time of the pilgrimage and if they will need that income in the near future, then there is no obligation to make the pilgrimage. There is no obligation on a person to undertake the pilgrimage if doing so would require them to use the assets that are meant to provide for themselves and their family.

If there are no alternative ways to make a living without losing social status, they are definitely not obliged to sell property needed to support their life (necessities, everyday commodities) nor is it their duty to sell their home, their furniture, their clothes, their home appliances that are required for everyday life, nor their tools (if they are employed as a craftsman), their books (in the case of teachers and students) and similar essential items.

However, if they are in possession of surplus items, it is an obligation to sell them in order to provide for the expenses of the pilgrimage.

For example, if a person owns a house of a certain value that can be sold without causing any hardship in order to purchase another one at a lower price which would generate a surplus that covers the costs of the pilgrimage and the expenses of the family during the time of their pilgrimage, then it is their obligation to do so.

(In general, a person is not considered to be in a position to perform the pilgrimage if their wealth is only sufficient to make a living and if selling their properties would get them into difficulties.)

#23: Even though a person owns property, they are not obligated to sell it in order to make the pilgrimage if they still need that property. However, if they no longer require it, they ought to sell it so as to undertake the pilgrimage.

A young woman, for example, is in possession of an expensive piece of jewelry, which she wears and which she cannot do without. When things change and she ceases to make use of it, perhaps due to her age or because of other reasons, it becomes her obligation to sell it in order to carry out her pilgrimage.

#24: If a person owns a house and is also in possession of another house in which they could live without difficulty or obstacles, e.g. such as a waqf facility, it is their obligation to sell their house and to perform the pilgrimage, even if the proceeds of the house sale are not sufficient and need to be supplemented by other resources in their possession. This rule also applies for educational books and necessities that are required to make a living.

#25: If a person has sufficient funds to embark on the pilgrimage, but they want to marry or to purchase a house to live in or to satisfy any other need, they are not obligated to perform the pilgrimage if this would put them under pressure.

#26: If a creditor needs their money in order to meet the expenses of their pilgrimage – totally or partially – and the installment is due for payment and the debtor is able to pay, the creditor is deemed to be able to perform the pilgrimage, even though he may have to demand the payment.

The same applies if the debtor refuses to pay or even denies the debt, but the creditor is in a position to force them to pay, even if they have to go to court.

The same applies if the debt is not yet due for payment, but the debtor voluntarily pays earlier without being asked.

But if the debtor is insolvent or does not intend to pay and it is impossible to enforce a payment or such an attempt would get the creditor into trouble, the duty of the pilgrimage is cancelled. If the debt is not yet due for payment and the debtor does not pay prior to maturity, the creditor is not obliged to perform the pilgrimage, unless they could exchange the outstanding debts for a lower payment without causing themselves disproportionate disadvantages.

#27: People who work as: a smith, a brick layer, a carpenter, or in any other job in which they normally bring in a salary that is just enough to support themselves and their families become obligated to perform the pilgrimage if they come into property by inheritance or through other sources of income and if this property is sufficient to pay for the pilgrimage and also to provide for themselves and their families during their absence.

#28: If a person's livelihood depends on religious support payments like khums, zakāh etc. and there are no difficulties in securing their regular income, they are obligated to perform the pilgrimage if they have sufficient funds available to cover the journey and their family's living expenses.

The same rule applies to a person who receives lifetime support payments and to any person whose post-pilgrimage standard of living will not be reduced because of the expenses that have been incurred for the pilgrimage.

#29: If a person obtains property, to which conditions are attached, and is certain that these conditions will not occur, it is clear that the pilgrimage is obligatory. If, however, they are concerned that the conditions might occur and the property thus be forfeited, then the obligation to make the pilgrimage is cancelled.

#30: It is not required that the funds for the pilgrimage come from the person's own property. Their Hajj is valid, even if their pilgrimage is funded by third-party’s capital, which the pilgrim has acquired through a request for the support of their pilgrimage, or by resources, which someone has placed at their disposal.

However, if the pilgrim is wearing ill-gotten clothes during ṯawāf and the following prayer, these actions – as a precaution (al-ahwaṯ) – should be deemed invalid.

If the sacrificial animal is paid for with ill-gotten money, the sacrifice is not accepted unless the purchase of the animal was not a cash transaction but was made on credit. (In case that the loan is repaid with illegally obtained money, the repayment is not deemed valid and the amount remains as a debt, but the purchase of the sacrificial animal is still valid.)

#31: The mukallaf is not obligated to strive for the ability to perform the pilgrimage. There is no obligation on them to accept a gift that would enable their pilgrimage to be undertaken. Likewise, they are not obligated to accept an appropriate job, the payment of which would make the pilgrimage possible.

If a person offers services for pilgrims and thereby earns the required capital to afford making their own pilgrimage, they become obligated to do so.

#32: If a person performs the pilgrimage on another person's behalf and the recompense provides them with sufficient capital for their own pilgrimage, they have to first undertake the other person's pilgrimage in the current year, if that is what had been agreed upon. The following year, if they can still afford their own pilgrimage, they are obligated to do so without delay.

If there was no condition to perform the other person's pilgrimage in this particular year, it is an obligation to perform their own pilgrimage in the current year, unless they are confident that they can make it the following year, then they are allowed to perform the substitute pilgrimage first.

#33: If a person borrows money, which would be sufficient to cover the expenses of their pilgrimage journey, performing it does not become their obligation, even though they would be able to repay their loans on returning from the journey.

If they agreed upon long-term amortization that would not be a burden on the borrower, they are obliged to undertake the pilgrimage.

#34: If a person has the funds to perform the pilgrimage but at the same time they have debts of a similar amount, it is evident that they are not obligated to perform the pilgrimage. It makes no difference whether or not the debts are already due or whether they existed before or after the person obtained the funds for the pilgrimage, unless the debts are not due for an unusually long time e.g. after the elapse of 50 years.

#35: If a person could afford to go on the pilgrimage, but the payment of khums or zakāh is due, after which their funds would no longer be sufficient for the pilgrimage, it is their duty to pay these dues and they are not obliged to undertake the pilgrimage. It is irrelevant whether khums and zakāh are due for current property or are being paid in arrears.

#36: If a person has become obligated to perform the pilgrimage and is also obligated to pay khums, zakāh or other payments that are due, they have to prioritize the payments and are not allowed to delay them on account of their pilgrimage. If the ihrām clothing, worn during ṯawāf and the following prayer, and the sacrificial animal were bought with money for which these dues have yet to be paid, they are considered to be ill-gotten, see #30.

#37: If a person has means at their disposal but is uncertain whether these would cover the expenses of the pilgrimage, they have to ascertain – as a precaution (ahwaṯ wuğūban) – whether or not their means are sufficient.

#38: If a person owns sufficient property to meet the expenses of the pilgrimage but these assets are not disposable, or if there would be sufficient property, when added to the available funds, but it cannot be turned into cash, then there is no obligation to go on the pilgrimage, otherwise it becomes a duty.

#39: If a person has sufficient property to afford the pilgrimage and is able to travel, they are obligated to perform it. If they spent their resources on something else and therefore no longer are in a position to make the pilgrimage, it remains their obligation to do so, because they had been capable of performing it. If they ran out of means because they sold something at a low price or gave it away and that is why they can no longer afford their pilgrimage, the transaction itself is valid, but it is an offense if this prevents them from performing the pilgrimage.

#40: It is not necessary for the pilgrim to own the means of the expenditure. It is sufficient if they have funds at their disposal, which they are allowed to spend. If these are enough to make all arrangements for the pilgrimage and if the other requirements are being complied with, then they are obligated to perform the pilgrimage. But there is no obligation to start the pilgrimage unless they are sure that these means will be available until the end of their pilgrimage.

#41: The duty to perform the obligatory pilgrimage persists as long as the necessary means are available. If they are lost before or during the outward journey, the pilgrimage ceases to be an obligation, as it is logical that the possibility to undertake it has also been lost. The same applies for a sudden, unintended debt that must be paid immediately, e.g. in case of accidental damage to the property of someone else which can only be recompensed by using the funds that had been designated for the travel expenses.

However, if a person deliberately destroys someone else's property, the obligation of pilgrimage does not lapse but continues and has to be fulfilled, because they have brought it on themselves.

If the funds for the return journey or for the basic expenses of the pilgrim's family get lost during or after the pilgrimage journey, this does not inhibit their own ability to travel and their Hajj is deemed valid as an obligatory pilgrimage.

#42: If a person had sufficient means to perform the pilgrimage but was not aware of or had forgotten to think of it, or if they did not know that pilgrimage is a duty, and if they then recollect or become aware of it but do so after having already spent their means, so that they are no longer capable of making the pilgrimage, their ignorance or forgetfulness is excusable. The pilgrimage is then no longer their obligation, but as soon as the conditions are once again met, it becomes their duty.

#43: If the financing of someone's pilgrimage, including the subsistence of their family during their absence, is provided for by someone else, they are obligated to perform the pilgrimage as long as the financing is certain. The same applies if another person supplements the available funds with the missing amount.

If someone provides explicitly for the pilgrimage but not for the subsistence of the family, there is no obligation to perform the pilgrimage unless the recipient is usually not able to provide for their family, which means that their situation would not be changed by the absence; if that is the case, the pilgrimage is an obligation.

#44: If someone's testament bequeaths a particular person property that is designated to be spent on their obligatory pilgrimage, the recipient is obligated to perform it after the death of the donor, provided that the portion is sufficient for the expenses of the pilgrimage and the subsistence of the family.

If someone receives funds specifically in order to perform the pilgrimage, either from a foundation (waqf) or a bequest or through another person's solemn promise to enable someone to make the pilgrimage, then the person in question has to undertake the pilgrimage without delay at such time as the funds are made available.

#45: If a person acquires the funds for the pilgrimage by means of a gift, they are not obligated to have the money for the return journey on hand.

If someone makes a seasonal income and the season coincides with the time of the pilgrimage, and if that income has to last the whole year or the major part of the year, meaning that making the pilgrimage would prohibit them from securing the subsistence for themselves and their family, they do not have to perform the pilgrimage – unless someone else contributes the missing funds.

#46: If a person receives a gift on the condition that it must be spent on their pilgrimage, they have to accept it. But if the donor gives them the choice of either going on the pilgrimage or not, or if they make the gift without mentioning anything, then the intended recipient is not obliged to accept the gift.

#47: Even a person who is indebted can be enabled by third-party funding to perform the pilgrimage. If the pilgrimage prevents them from clearing their debts on time – irrespective of whether they are due or not – it is not an obligation.

#48: If a group of people receives a gift, which would enable only one of them to undertake the pilgrimage, and one of them volunteers to accept this gift, then that one has to use it in order to fulfill the pilgrimage and the others are released from the obligation to do so. However, if none of them accepts the gift,
although each of them would be able to take it, it is evident that none of them is bound to the obligation of pilgrimage.

#49: If someone is offered funding for a pilgrimage, they have to accept it if it makes a pilgrimage in the required form possible. If the gift is designated for Hağğu-l-Qirān or

Hağğu-l-Ifrād and the person concerned has to perform Hağğu-t-Tamattu´ or vice versa, they are not obligated to accept the gift. The same applies if funding is offered and the intended recipient has already fulfilled the obligatory pilgrimage.

However, if they did not perform their obligatory pilgrimage when it had been their duty and then their circumstances changed, so that they no longer had the financial ability to do so, and if they are then offered the funding, they are obligated to accept that gift. The same applies if they have made a commitment to undertake a pilgrimage, e.g. in order to fulfill a vow, and are without the means to do so.

#50: If the means for an obligatory pilgrimage are at hand but they get lost on the way to the pilgrimage, the obligation is cancelled. However, if the pilgrim is able to continue the journey from their own resources, it is their obligation to do so and the pilgrimage is valid as Hağğatu-l-Islām.

#51: If one person authorizes another to take out a loan for them in order to make the pilgrimage, the authorized person is not obligated to do so. However, if they obtain such a loan, the client has to perform the pilgrimage.

#52: The donor has to pay the costs for the sacrificial animal; if they do not, the recipient is no longer obligated to perform the pilgrimage if they cannot pay for it themselves. However, if the pilgrim is making a pilgrimage of expiation (kaffārah), they have to pay the costs from their own resources.

#53: An obligatory pilgrimage, which is funded by a gift, is valid as such and does not have to be repeated, even if the recipient were to obtain their own funds at a later date.

#54: The donor is allowed to recall their funding before the pilgrim, being on their way to Hajj, assumes the state of consecration (ihrām). If the donor withdraws the funding afterwards, the pilgrim should complete the pilgrimage if this does not cause them difficulty and if they can obtain the means. However, the donor remains responsible for the expenses, which are incurred by completing the pilgrimage and returning home. The donor has to reimburse the recipient! If the donor recalls the funds during the outward journey, they have to bear the costs of the return journey.

#55: If someone's pilgrimage is being made possible with funding from zakāh money that falls in the category of "for the sake of Allah" (fī sabīlillāh), and if this is in the general interest, and if the marğa´ permits it, then – as a precautionary measure (ahwaṯ wuğūban) – they are obliged to perform the pilgrimage. If the financial means they received on the condition that it should be spent on performing Hajj came from the categories "people in need" or "khums for sayyeds", this condition is not valid.

#56: If a person was given the financial means for their obligatory pilgrimage and later on it turns out that the donor had obtained that money unlawfully, the pilgrimage is not valid and the rightful owner can demand the money back from either of them. If they try to reclaim it from a recipient who did not know about the unlawfulness, then this recipient must call the donor to account. However, if the recipient knew about it, then they have to answer for it.

#57: If a person is not actually financially able to fulfill the obligatory pilgrimage but nevertheless performs it for themselves or for another person, no matter whether they are rewarded for it or not, it does not count as Hağğatu-l-Islām and it is their obligation to make an obligatory pilgrimage at such time as they have the means to do so.

#58: If a person believes that they are not obligated to perform Hajj, but nevertheless they do so in order to fulfill a divine command and afterwards they discover that it had been indeed their obligation, the pilgrimage is accepted as fulfillment of their duty.

#59: If a woman can afford to go on the pilgrimage, she does not need to have the consent of her husband for an obligatory pilgrimage, just as he is not allowed to bar her from performing an obligatory pilgrimage. However, he may forbid her to depart earlier than required if there is still plenty of time.

The same applies for a divorcee who is subject to a waiting period (´iddah) during which her husband can still undo the divorce.

#60: A woman who is performing an obligatory pilgrimage need not be accompanied by a man who is her mahram as long as her safety is assured. If this is not the case, she must travel in company that secures her safety, even for a fee if this is possible. If it is not possible, she is not obligated to perform the pilgrimage.

#61: If a person has made a solemn promise (nadhr) e.g. to visit the shrine of Imam Hussain (as) each year on the day of Arafat and subsequently becomes able to make the pilgrimage, they are obligated to perform the obligatory pilgrimage and their nadhr is cancelled. This rule applies for every kind of
vow that would interfere with the performance of an obligatory pilgrimage.

#62: Someone who has the ability to personally undertake the obligatory pilgrimage must do so in person; this obligation cannot be replaced by letting someone else do it in their place, regardless of whether the person assigned gets paid for it or not.

#63: If a person is obligated to perform the pilgrimage but they are unable to travel due to health problems, infirmity, old age or other limitations, or if the procedure would be very troublesome for them and there is no hope for them to ever be able to personally undertake the obligatory pilgrimage without experiencing major difficulties, then they have to appoint someone else without delay to perform the obligatory pilgrimage on their behalf.

#64: If someone makes the pilgrimage on behalf of another person who is unable to do it themselves due to health issues and if the inability persists until they die, this pilgrimage is valid. But if the inability to perform Hajj ceases before they die, it is recommended (´ala-l-ahwaṯ) that they themselves undertake the pilgrimage personally. If the inability ceases after the representative enters the state of consecration (ihrām), to be on the safe side (´ala-l-ahwaṯ), the recovered person has to perform the pilgrimage in person and the representative has to complete the rituals, of course.

#65: If a person who is unable to personally perform the pilgrimage finds it impossible to appoint a representative, their obligation is discharged.

However, if they eventually become obligated to make the pilgrimage, it has to be performed on their behalf after their death.

If they had the possibility to appoint a representative but did not do so before they died, it is a duty to get their obligatory pilgrimage performed by proxy.

#66: If a person is obligated to nominate a representative and fails to do so, their obligation is not discharged by another person filling in for them without demanding payment and, as a precaution (´ala-l-ahwaṯ), the obligation to appoint a representative persists.

#67: It is sufficient to send a representative who starts from the place where the state of consecration (ihrām) is assumed (mīqāt). It is not necessary that it be someone starting from the principal's home.

#68: If a Muslim is obligated to perform the pilgrimage and they die in the state of consecration in the Holy Area (Haram), their pilgrimage is thus fulfilled. If they die during the ´Umratu-t-Tamattu´, this will do and there is no obligation to repeat the pilgrimage on their behalf. But if the pilgrim dies before entering the Holy Area (Haram), their pilgrimage has to be re-done (qadā), even if they died after having put on the pilgrimage clothing. The same applies, if they had already entered the Holy Area (Haram) but were not yet in the state of consecration. This applies specifically for Hağğatu-l-Islām and not for other obligatory pilgrimages which are due, e.g. because of a vow or in case of an obligatory Hajj that became void and has to be repeated.

#69: A person who is not yet a Muslim and has the required means is also obligated to fulfill the obligatory pilgrimage but it would be invalid as long as they are not a Muslim. If, after having converted to Islam, they have no longer the financial ability, the pilgrimage ceases to be their obligation.

#70: Even though the pilgrimage is an obligation for a person who has turned apostate, it would be invalid if it were performed during their apostasy. However, if they repent and come back to Islam, their pilgrimage is deemed valid in retrospect, even if their apostasy was because of their origin.

#71: A person who performs Hajj according to the rules of any other than the Shia school of thought but later on starts following the Ahlul-bayt school of thought is not obligated to repeat the pilgrimage, providing that they had adhered correctly to the rules of their former school of thought or that they had performed the pilgrimage pursuant to the Jafari school of thought with the intention of getting closer to Allah.

#72: If the pilgrimage became an obligation for someone and was consciously neglected until the required means were gone, the obligation persists and the person concerned has to exhaust all possibilities to make their pilgrimage a reality. If the person dies before having performed their pilgrimage, it has to be made up for at the expense of their estate. If someone voluntarily undertakes it – even without being paid – after the person's death, the pilgrimage is deemed valid