The
Mind
16. The insane,
even if the insanity was periodical – i.e. insanity appears on certain
occasions – is not obliged to the Hajj, unless he was
mostatee’ and
able to perform most of the rites of the Hajj – including the fundamental
rites of the Hajj – in his state of sanity. In that case he is
obliged to perform the Hajj. The same ruling applies to an
individual who is in a state of unconsciousness.
Freedom
17. The slave –
male or female – is not obliged to the Hajj even if s/he was
mostatee’ and had the permission of the master. If with the
permission of the master, his
mostahab Hajj is correct, but this
would not qualify as
Hajjat-al-Islam. If they were freed and
were
mostatee’ they would then be obliged to the
Hajjat-al-Islam.
Freedom of
passage
18. One of the
conditions of the obligation of the Hajj is the freedom of the passage,
and absence of hindrance en route to the Hajj. If there were a
danger threatening the life of the individual, his family or his assets
and possessions, he would not be obliged to the Hajj. Similarly if
there was a religious prohibition, such as if [the performance of] the
Hajj would result in abandoning a more important obligation such as a
mandatory jihad [which the individual is liable to], or committing a
disobedience the repercussion of which is greater than the outcome of the
Hajj, then the Hajj is not obligatory upon him.
19. One of the
conditions of the obligation of the Hajj is the availability of enough
time to perform the rites of the Hajj. If one met all the criteria
for the Hajj at a time when he would not be able to get there in time, or
he would manage to get there but with great difficulty that is normally
unbearable, then the Hajj is not obligatory upon him.
Physical
ability
20. Physical
ability is one of the criteria of the obligation of the Hajj. Thus
if one was ill, or had lost a limb, or too old such that he would not be
able to perform the Hajj himself, it is obligatory for him to perform the
Hajj by proxy, i.e. to appoint someone else to perform the Hajj on his
behalf, if he has met other criteria required for the obligation of the
Hajj.
21. The individual
who was financially able, if he was also physically able, it would be
obligatory for him to perform the Hajj himself, and it would not be
sufficient if someone else performs the Hajj on his behalf, whether
voluntarily or by hire. In the case of a
mostahab Hajj,
however, if someone performs the Hajj on his behalf, it would be correct.