Book of Pilgrimage
Introduction
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Book of Pilgrimage
Pilgrimage (ḥajj) is an obligation, and so is ʿumrah according to the sounder opinion. A condition for its validity is that the performer be Muslim; therefore, the guardian may enter iḥrām on behalf of a nondiscerning child or an insane person, but personal performance is valid only from a discerning Muslim. The obligatory Hajj of Islam is counted only when it is carried out personally by someone who is legally accountable and free; hence the pilgrimage of a poor but free adult suffices, whereas that of a child or a slave does not.
The conditions for the obligation itself are Islam, legal accountability, freedom, and ability (istitaʿa). Ability is of two kinds; the first is direct ability, and it has the following requirements:
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Possession of provisions, their containers, and the costs of both the outward and return journeys. According to another view, if he has no family or clan in his hometown, the expense of the return journey is not required. If a person earns only enough each day for that day and the trip is long, he is not obliged to perform the pilgrimage. If the journey is short and he can earn in one day what suffices for several days, he is obliged.
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Possession of a mount for anyone whose distance from Mecca is two stages or more. If riding a mount would entail severe hardship, a covered litter is required, together with a companion to sit on the opposite side. Whoever lives at less than two stages’ distance and is strong enough to walk must walk; if he is weak, he is treated like one who lives farther away. It is further required that the provisions and the mount be surplus to any debt he owes and to the maintenance of those he is obliged to support for the entire period of his journey. The sounder opinion also stipulates that they be surplus to his dwelling and to a servant he needs, and that he must divert his business capital to these two needs.
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Safety of the route: if he fears for his life or property because of wild beasts, enemy forces, or highway patrols, and there is no alternative route