A woman, who lacked financial means during her husband's lifetime, acquires the financial means for Hajj after his death through his inheritance, but since she has an illness that prevents her from going on Hajj she will not be called a mustati and Hajj is not obligatory for her. Likewise, if, after becoming a widow, she does not have a job, farming or industrial occupation with which to earn a living upon return from Hajj, she will not become mustati, even if what she has received as inheritance is enough for her to go on Hajj and return.

A woman whose marriage portion is equal to or more than the Hajj expenses is a mustati for Hajj, provided she can obtain her marriage portion without causing trouble and difficulty (for her husband).

A woman whose marriage portion is sufficient for Hajj and is owed the same by her husband, since he cannot afford to pay it does not have the right to demand the marriage portion and is not mustati.

If a person has a very expensive house and can go on Hajj with the difference earned through selling it and buying a cheaper one, should not sell the house if it is not higher than his status and position. In this case he is not a mustati. If the house is more than his social standing, he is a mustati, provided all other conditions are met.

Those who can meet the expenses of the Hajj journey through business or other means and who upon return can meet a part of their expenses through earnings such as preaching and the remaining part from allowances through legal sources (theological schools) are mustati, even if they need the allowance to meet their expenses upon return from Hajj.

If one sells a piece of land or something else to buy a house, he will not become mustati in case he needs the money to buy a house, even if the money is sufficient to cover the Hajj expenses.

When the due time for Hajj arrives, the mustati cannot dispense with his status of istitaah, and before this time, based on ihtiyat wajib he should not dispense with the status istitaah.

If a person who was hired to go on Hajj on behalf of another person who was not a mustati at the time of concluding the contract but who before the Hajj became a mustati through means other than the sum of the contract, should cancel the contract and perform his own obligation of the Hajj in Islam.

Caravan attendants who arrive in Jeddah would become mustati if, while serving the Hajj pilgrims, they are able to perform all Hajj rites and rituals and meet all other conditions of istitaah, for instance, having actual or potential means of earning a living and being competent for a job or industrial and other ability with which they could earn a proper living upon return. These persons should perform the Hajj in Islam that fulfils their obligation of Hajj. If the caravan attendants do not meet the required conditions, they’re not mustati and their Hajj will be istihbabi, but they should perform the obligatory Hajj, if they later become mustati.

It is incumbent on the physicians and other people who come to miqat on duty and who meet all conditions of istitaah in miqat to perform the Islamic obligation of Hajj, even though it is necessary for them to carry out their duties as well.

One who has financial capability and meets other conditions of istitaah should go on Hajj. Performing other good deeds such as visiting the holy sites or building mosques will not substitute the obligation of going on Hajj.

If, during the obligatory Hajj, the mustati were to make the intention of istihbab due to negligence or on the assumption of not having attained istitaah, or even consciously and willfully with the aim of practice for performing the obligatory Hajj better the following year, there is a degree of doubt for the fulfilment of Hajj unless the intention for the Hajj was according to what has been decreed by the Divine Legislator. On this basis, as a matter of ihtiyat, he should go on Hajj the next year.

If the mustati passes away after putting on the ihram and entering the Sacred Mosque, the
Hajj obligation will be removed from him.

If the deceased person was mustati in his lifetime and deliberately delayed the Hajj pilgrimage, Hajj remains due on him and a Hajj Miqati should be performed for him from what he has left.

For one who meets all the conditions of a mustati for Hajj but has not performed it, the obligation of Hajj remains, even if due to old age or an incurable disease it is not possible for that person to go on Hajj in the latter case the person should send a representative to perform Hajj on his behalf.

A wife does not require the permission of her husband to go on obligatory Hajj, and she should perform her obligatory Hajj even if her husband does not approve of her travelling for Hajj.

Family, in case of financial istitaah for which nafaqah is a requisite, refers to a person's formal family, though it may not be religiously qualified for his maintenance allowance.

Question 1: Suppose a person becomes ill in Madinah (say if he undergoes an apoplexy) and is hospitalised for two weeks by the doctors. If after convalescence, it is difficult to take him to Makkah to perform the Hajj rites, what is his duty?

Answer: If it is the first year of istitaah and the person lacks the strength, even for an emergency case, to carry out the Hajj rites, the status of istitaah will become null and void, and the Hajj will not be obligatory. If, however, it is not the first year of istitaah and the Hajj is already incumbent on him and the person is despaired of regaining health, then a substitute should carry out the rites of Umrah and Tamattu.

Question 2: At present, those who want to perform the Hajj pilgrimage should register their names in advance and make the necessary arrangements. If the turn of a person takes several years to come, and before the coming of the turn that person finds other means of going on Hajj and borrows money and goes to Makkah, will such a pilgrimage be considered the obligatory Hajj of Islam?

Answer: If Hajj has not already become incumbent and the person cannot presently go on Hajj without borrowing money, Hajj is not obligatory for him, and such a pilgrimage cannot be considered the obligatory Hajj of Islam.

Question 3: I went on Hajj by borrowing money and receiving a month's salary in advance. Since the person who lent the money fully approved of my going on Hajj and did not need his money, would my Hajj be regarded obligatory or not?

Answer: If your financial istitaah met the required conditions, your Hajj will be correct and deemed obligatory, provided that you can easily repay your debt later on. But if you obtained financial istitaah by borrowing money, you have not become mustati, and your Hajj will not be considered the obligatory Hajj of Islam.

Question 4: Based on lots drawn by the Hajj and Pilgrimage Organisation, Allah (SwT) willing, I will be able to go on Hajj in the coming years based on the following conditions:

(a) The entire expenses of the Hajj performed by my spouse and me have been met by khums money.

(b) I am a schoolteacher and lead an ordinary life with continence.

(c) I do not have a house or an automobile of my own. I am a tenant in every city where I work.

(d) I have ordinary housing appliances. In view of these conditions and doubts raised by others about Hajj being obligatory for my spouse, and me would our Hajj meet conditions necessary for obligation?

Answer: As per the conditions cited, if your spouse has enough money to go on Hajj and return, she would be mustati. You would have istitaah only when you have household appliances for yourself and your family in accordance with your social position, and when upon return you could make a living for yourself and your family through what you earn.

Question 5: If a person was mustati but neglected to go on Hajj until he lost his turn, now that names are no longer being registered, would it be permissible for him to perform Hajj by way of connections and recommendations inside or outside Iran and through expending huge amounts? This is because otherwise, his duty of fulfilling the obligation would be delayed for years and he tears that, Allah (SwT) forbid, he would be considered as one who has forsaken Hajj.

Answer: He should go on Hajj in any way possible if it does not violate the regulations of the Islamic Republic of Iran, and in a way that he would not face distress and difficulty.

Question 6: Supposing Hajj has not already become incumbent on a person but while registering names for the Hajj, he became mustati. Later on, he, however, faced financial problems and needed the money he had deposited with the bank (for registering his name). Could he withdraw the money or not? Would it make any difference if his turn comes in the first year or in the next years?

Answer: Based on this supposition, he is not mustati and can withdraw his money. It would make no difference.

Question 7: A person, who had to perform the obligatory Hajj departed for Hajj from Pakistan, fell ill in Madinah but continued his journey to Makkah in that condition, and passed away in a hospital in Makkah before performing the Hajj. At the time of his death, his entire property consisted of some money and a piece of land in Pakistan. Given the fact that his money is not enough for Hajj on his behalf, should his heirs sell the piece of land and hire someone to fulfill his Hajj, or would the obligation of Hajj no longer be due upon his death?

Answer: If he arrived in Makkah with the ihram for Umrah Tamattu and passed away before performing Umrah or after completing its rites, whatever he performed will be accepted and the obligation of Hajj would be removed from him. But if he entered Makkah without ihram for Umrah and passed away there, and in case Hajj had remained incumbent on him, a substitute on his behalf should be hired out of what he has left behind. A Hajj Miqati would suffice in such a case. But if Hajj had not remained incumbent on him, he would not be considered a mustati, and there is no need to hire a person to perform Hajj on his behalf.

Question 8: If a person becomes mustati in miqat and performs the obligatory Hajj of Islam, would it suffice or not? Would kifayah be a precondition or not?

Answer: If he becomes mustati, it is sufficient, but he should have kifayah.

Question 9: In cases where an organisation or body sends a person on Hajj without asking him to do anything in return, would it be regarded as Hajj Badhli and should it be necessarily accepted?

Answer: Provided that it is legitimate, it would be Hajj Badhli if there were no commitment to do anything in return for it.

Question 10: A person has four sons, all of whom are married, and can meet his annual expenses and has no debts, but he and his sons make their living jointly from the same source of income. Now, since the Hajj expenses of only two people can be met, is Hajj obligatory in this case? If so, is it only incumbent on the father or on the sons as well? If Hajj is incumbent on the sons, which one has the priority to perform it?

Answer: One who has enough property to meet his Hajj expenses, go to Makkah, and upon return afford a living, which befits him, is mustati and should perform the Hajj.

Question 11: Having financial istitaah and being 72 years old, I have been prevented from going on Hajj pilgrimage by the Health ministry in accordance with domestic laws, as I am addicted to opium. What is to be done from the viewpoint of Sharia?

Answer: If you were previously mustati but did not go on Hajj pilgrimage, you shoulder the duty of going on Hajj. If previously you did not have istitaah, you are not mustati under the present conditions, unless you can abandon opium addiction, obtain the required permit, and go to Makkah.

Question 12: If a person has capital or equipment and can sell part of it to lead a comfortable life and go on Hajj with the difference, would he be mustati?

Answer: If all the other conditions are met, he will be deemed mustati.

Question 13: A person has an orchard that has not brought him any income for several years but which, if sold, would cover his Hajj expenses. He is sure that by the time the orchard bears fruit, he would be old and retired and would be dependent on it for his living. Would such a person be mustati?

Answer: If he has no source of income other than the orchard, he will not be considered mustati.

Question 14: In the case of debt, how much money should a person possess to have istitaah? In case he has the needed money but suffers from cardiac ailment and has been notified by the physicians at the Hajj and Pilgrimage Organisation that his pilgrimage might be dangerous, should he substitute someone else?

Answer: If before attaining istitaah he fell ill and consequently lacked the strength to go to Makkah, he will not become mustati and there is no need to substitute someone else for Hajj. In addition, financial istitaah would develop only when he has enough money for a round trip and can easily repay his debt.