Book of Hajj
Section One: Establishing the Obligation of Hajj and Its Conditions
This Book will be examined under three main categories:
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The first category comprises those matters that serve as preliminaries to this act of worship—matters whose knowledge is required before one can perform Hajj.
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The second category concerns what functions as its pillars: the deeds that must be carried out themselves and the things that must be avoided.
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The third category treats the subsequent issues, namely the legal rulings that pertain to the acts performed.
Every act of worship, in fact, encompasses these three categories.
The first category contains two subjects: (i) understanding the obligation of Hajj and its conditions, and (ii) knowing upon whom the obligation falls and when it becomes due.
Obligation
There is no disagreement about the obligation of Hajj, for the Almighty says:
“Pilgrimage to the House is a duty owed to Allah by all people who are able to make the journey.” (Q 3:97)
Conditions of Obligation
Conditions are of two kinds: conditions of validity and conditions of obligation.
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Conditions of validity. There is unanimous agreement that Islam is one of them, for Hajj performed by a non-Muslim is invalid.
Scholars differed, however, over whether Hajj performed by a minor is valid. Mālik and al-Shāfiʿī considered it permissible, whereas Abū Ḥanīfah did not.
The cause of this disagreement is that the transmitted report in the matter appears to conflict with established principles. Those who permitted it relied on the well-known ḥadīth of Ibn ʿAbbās, related by al-Bukhārī and Muslim:
“A woman lifted up a child to the Messenger of Allah—may blessings and peace be upon him—and said, ‘Messenger of Allah, is there Hajj for this one?’ He replied, ‘Yes, and you will have a reward.’”
Those who prohibited it held to the principle that acts of worship are invalid when performed by someone who lacks rational discernment.
The companions of Mālik likewise differed over the validity of Hajj performed by a nursing infant. In truth, one should not dispute the validity of Hajj performed by anyone whose prayer is deemed valid.