before its time had expired, and thereafter he must return to Muzdalifah in order to spend the night there.
If it is asked: If he reaches puberty after departing from Arafah while the time for standing there still remains, must he return to Arafah, or may he continue on?
The answer is: If we hold that Hajj is obligatory immediately, then he must return and stand at Arafah, so that he performs it from the moment it became obligatory for him. But if we hold that it may be delayed, then he is not required to return to Arafah; rather, he continues completing this Hajj, and this Hajj is voluntary rather than obligatory.
Their performance by a child and a slave is voluntary...
His statement, “Their performance by a child and a slave is voluntary,” means that it is valid for a child to perform Umrah and Hajj, but they are voluntary acts, because one of the conditions for counting as fulfillment of the obligation is puberty. Thus, if he performs Hajj while still a child, it is voluntary in his case and not obligatory. The same applies to the slave, if we hold that his Hajj does not fulfill the obligatory duty, as mentioned previously.
Issues:
The first: The author—may Allah Most High have mercy on him—did not explain in detail how a child performs Hajj. We therefore say: If the child is discerning, his guardian instructs him to form the intention of entering ihram, saying, “My son, enter ihram,” because he is capable of discernment. If he is not discerning, his ihram becomes valid through his guardian’s intention on his behalf. As for circumambulation, if he is discerning, he is instructed to form the intention for it; but if he is not discerning, his guardian forms the intention on his behalf. Then, if he is able to walk, he walks; otherwise, his guardian—or another person with the guardian’s permission—carries him. The same applies to the sa'i as applies to circumambulation. As for shaving the head or shortening the hair, the matter is clear.