then his property belongs to the one who sold him, unless the buyer stipulates otherwise.” (1)
If he has no property, then he is not able. As for the partially emancipated slave, he owns wealth in proportion to the freedom he possesses. Thus, if he owns ten riyals and is half free, five of them belong to him. Yet he is unable to perform Hajj because of the owner of his other half—if he is half-emancipated—since he is owned in that portion, and Hajj is therefore not obligatory upon him.
His statement, “legally responsible”: this means one who has reached maturity and is of sound mind. This is the third condition, though it comprises two conditions: maturity and soundness of mind. Thus, Hajj is not obligatory upon a child; but if he performs Hajj, his Hajj is valid, due to the Prophet’s saying, peace and blessings be upon him, when a woman raised a child up to him and asked, “Does this child’s Hajj count?” He replied, “Yes, and you will have the reward.” (2)
A child is one who has not reached maturity. Maturity is attained by one of three signs for males, and by one of four signs for females.
For males, they are: ejaculation, the growth of pubic hair, and reaching the age of fifteen years. For females, they are these three, with the addition of a fourth sign: menstruation.
As for the insane person, Hajj is neither obligatory upon him nor valid from him, even if he is more than twenty years old, because he is not of sound mind; and Hajj is a bodily act requiring intention.