And it is exactly as the Messenger—peace and blessings be upon him—said: “from seven to ten.”
Conditions of Obligation
Islam is a prerequisite, on the basis that non-Muslims are addressed by the ordinances of Islam. There is likewise no disagreement that ability (istiṭāʿa) is required, because of His words, Exalted is He, “whoever is able to find a way to it” (Q 3:97), although the particulars of that ability are disputed.
In general, ability is conceived in two ways: direct and by proxy.
- Direct ability
All jurists agree that, for one to perform the pilgrimage himself, physical and financial capacity together with safety en route are necessary. They differ, however, over the precise meaning of bodily and financial capacity. Al-Shāfiʿī, Abū Ḥanīfah, and Aḥmad—echoing Ibn ʿAbbās and ʿUmar b. al-Khaṭṭāb—maintain that having provisions and a riding-animal is a condition. Mālik, on the other hand, holds that if a person can walk, the absence of a mount is no excuse; Hajj remains obligatory. Likewise, he does not consider provisions a condition when the pilgrim can earn his sustenance along the way, even by begging.
The basis of this disagreement is the tension between the report that interprets “ability” and the verse’s general wording. It is related that the Prophet—peace and blessings be upon him—was asked, “What is ability?” and he replied, “Provisions and a mount.” Abū Ḥanīfah and al-Shāfiʿī understood the report to apply to every legally responsible person, whereas Mālik restricted it to one who cannot walk and lacks the strength to earn on the journey. Al-Shāfiʿī adopted his view because, in his legal method, when the Qur’an states a matter in general terms and the Sunnah provides a specific explanation, that explanation must be followed.
- Ability by proxy
With respect to the obligation incurred through representative ability when direct performance is impossible, Mālik and Abū Ḥanīfah hold that deputation is not required, whereas al-Shāfiʿī rules that it is. According to his opinion, anyone who has the means to finance someone else’s pilgrimage but is physically incapable must commission another to perform Hajj on his behalf. If a brother or close relative is able to undertake the journey with his own body and the sick person’s wealth, the duty is discharged. This situation is known to the jurists as the maʿḍūb: the person who cannot remain seated on a mount.
Similarly, in al-Shāfiʿī’s view, if a person dies without having performed Hajj, his heirs must allocate from his estate the amount required for someone to perform Hajj on his behalf. The dispute here stems from the clash between analogy and textual evidence: analogy suggests that acts of worship are not performed by proxy—no one, by unanimous agreement, prays or pays zakat for another—whereas the report indicates otherwise.
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