Section II: Conditions for it being Wajib and Sufficient
Firstly: Freedom
1. Freedom is a condition for it being wajib:
Freedom is a condition for Hajj being wajib. Thus, it is not obligatory upon slaves. This is by agreement of the four schools of jurisprudence.
2. Freedom is a condition for it being sufficient:
Freedom is a condition for Hajj sufficiently fulfilling the fard performance of Hajj. Thus, if a slave were to perform Hajj, it would not fulfil the fard duty. The obligation would remain were they to be freed. This is by agreement of the four schools of jurisprudence.
Secondly: Puberty
1. Ruling of a child’s Hajj:
Puberty is not a condition for the validity of Hajj. Rather, it is valid from a discerning child [952] A discerning child: “He is one who understands when he is spoken to, can reply appropriately, and understands the objectives of speech, etc. There is no specific age for this. Rather, it differs as per each individual’s ability to understand. Some hold that it is when a child comprehends prayer and fasting.” (Al-Majmu` by al-Nawawi, 7/29). who enters into ihram on their own behalf. If the child is not discerning, their guardian enters into ihram on their behalf. This is the position of the majority: the Malikis, Shafi`is, Hanbalis [953] Shafi`is and Hanbalis hold that it is necessary to take the permission of the child’s guardian. , some Hanafis, and the vast majority of scholars from the Salaf and Khalaf.
2. Puberty is a condition for it being wajib and sufficient:
Puberty is a condition for it being wajib and sufficient. Thus, Hajj is not wajib for a child. If they perform Hajj, it does not free them of the obligation of their Islamic duty. They are required to perform another Hajj upon passing puberty. Consensus on Hajj not being obligatory except after puberty was related by Ibn al-Mundhir, Ibn Juzayy, and al-Shirbini. Consensus that the Hajj of a child does not suffice was related by al-Tirmidhi, Ibn al-Mundhir, Ibn `Abd al-Barr, and al-Qadi `Iyad.
3. What a child does on their own behalf and what their guardian performs on their behalf:
The acts of Hajj with respect to a child are of two categories:
a) What a child can perform on their own behalf, such as: standing at `Arafah and spending the night at Muzdalifah and Mina. The child must perform these acts. It is not permissible to assign a proxy in this case. [954] What is meant that the child must perform these acts is that it is not valid for someone else to perform them on the child’s behalf, as there is no need. It does not mean that the child sins by abandoning these acts, for they are not legally accountable (mukallaf).
b) What a child cannot perform on their own behalf. In this case, their guardian performs the act on their behalf.
feqhia
