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, the child’s guardian should procure sheep for sacrifice.

C. Having Financial Istitaah, Physical Health And Ability, And Free Access And Sufficient Time

Financial istitaah 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 istitaah 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 istitaah, he should receive the amount owed to him if the due time of payment has arrived provided he could 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 istitaah 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 istitaah for 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 istitaah 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 istitaah, 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 istitaah arising through competence, i.e. upon return from Hajj the person has to engage in trade, agriculture, and industrial activity or have property such as orchards and shops in order not to face distress and difficulty in making his living, if he were 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 istitaah, 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.

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.