Obligation of Hajj when one has not yet been accredited for Hajj

Nasihah (Advice): Travelling with a Mahram

Sayyiduna Abdullah Ibn Abbas Radiyallahu anhuma reported: Rasulullah Sallallahu alayhi wa sallam said, “A man should not be alone with a woman, nor should a woman travel, unless a guardian is with her.” A man stood up and said, “O Messenger of Allah, I have been assigned to an expedition and my wife has left for the Hajj pilgrimage Rasulullah Sallallahu alayhi wa sallam said, “Go and perform the pilgrimage with your wife.” (Bukhari)

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Question :

 Does Hajj still remain obligatory on a person if they had the means to travel for Hajj but they were not accredited for Hajj?

Answer:

In this regard, there are two aspects to consider:

1. The actual obligation of Hajj
2. The obligation on the individual to perform the Hajj

The obligation of Hajj refers to a person fulfilling the criterion of Hajj and having sufficient means to travel for the journey of Hajj.

The obligation to perform Hajj refers to there being no restriction preventing a person from the performance of Hajj, like there being no Mahram available to accompany a woman on Hajj or a person had not been accredited/allowed to perform Hajj.

Accordingly, if a person fulfilled the criterion of performing Hajj and had sufficient means to undertake the journey of Hajj but due to them not having a Mahram available to accompany them for Hajj or due them not being accredited/allowed to perform Hajj, then despite the restriction of not being able to undertake the journey of Hajj, the obligation of Hajj still remains. Hence, it will be necessary (Waajib) for such a person to make a bequest (Wasiyyah) of a Hajj-e-Badl in their Last Will and Testament up to one-third of their estate to be discharged, in the event they pass away without fulfilling the obligation of Hajj. [Muallimul Hujjaaj 94]

And Allah Ta’ala Knows Best

Mufti Muhammed Hamza Farooqui

Mufti Taahir Hansa

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) 

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