The Hajj of
Underage Children
8. It is desirable
for the underage child, who distinguishes [the good and the bad], to
perform the Hajj, and the validity of the Hajj is conditional upon the
permission of his guardian such as his father. If he met all the
criteria for Hajj other than that of adolescence, his Hajj is correct, but
it would not qualify as
Hajjat-al-Islam [and therefore when s/he is
at or over the adolescence age, s/he is obliged to go to Hajj whenever
becoming
mostatee’].
9. If the under
aged distinguishing child went on the Hajj [journey] but reached
adolescence before declaring and assuming
ihraam, and if he met all
criteria to be considered as
mostatee’, his Hajj is correct and
qualifies as
Hajjat-al-Islam.
10. If one
performed the Hajj with the
mostahab intention, believing that he
is not adolescent, but then it became apparent that he is, his Hajj is
correct and qualifies as
Hajjat-al-Islam, unless that his Hajj has
been considered with the specific intention of
mostahab such that
if the Hajj is considered to be obligatory for him he would not perform
it, which is an extremely rare supposition.
11. It is
mostahab – desirable – for the guardian of the non-distinguishing
child – male or female – to wear him the two garments of
ihraam,
after removing his normal clothing, and dictate to him the
talbiyah
word by word. If it is not possible to dictate the wordings to the
child, the guardian should intend and say it on the child’s behalf, and he
should prevent the child from committing prohibited acts of the
ihraam. He should help the child perform any rite of the Hajj
if he could do so, or do it on his behalf if the child could not do
so. The father should take him to do the
tawaaf around the
House, the
sa‘y, observe the
woquf in Arafaat and Mash‘ar
al-Haraam, go to Mina, perform the stoning, shaving or trimming, and all
other rites of the Hajj such as prayer of the tawaaf, etc.
12. The expenses
of the child should come out of the child’s own assets, unless that would
leave him penniless, in which case it is the guardian’s
responsibility.
13. The cost of
the
Had’y should be from the assets of the child, and if latter did
not have any, should come out of his guardian’s, and he should offer the
Had’y by proxy on the child’s behalf.
14. The
kaffaarah of hunting, if the child committed it, is from the assets
of the guardian if the guardian was the father, or from the assets of the
child if the guardian was not the father. However, the
kaffaarah [of committing prohibited acts] other than hunting is
from the wealth of the child regardless of the guardian being the father
or not.
15. If the
kaffaarah were to be paid from the assets of the child, if the
guardian deducted them from the wealth of the child it is sufficient,
otherwise, it is obligatory upon the child to deduct them from his assets
after the age of adolescence.