Conditions of Obligation of Hajj:
The scholars (may Allah have mercy on them) have stated the conditions of Hajj being obligatory , which, if they are met, make it obligatory for a person to perform Hajj, and without them Hajj is not obligatory.
There are five such conditions: being Muslim, being of sound mind, being an adult, being free and being able to do it.
Being Muslim
This applies to all acts of worship, because worship done by a disbeliever is not valid. Allah says (interpretation of the meaning):
“And nothing prevents their contributions from being accepted from them except that they disbelieved in Allah and in His Messenger.” [al-Tawbah 9:54]
According to the hadith of Mu’adh, when the Prophet (peace and blessings of Allah be upon him) sent him to Yemen, he said: “You are going to people from among the people of the Book. Call them to bear witness that there is no god but Allah and that I am the Messenger of Allah. If they obey you in that, then tell them that Allah has enjoined on them five prayers each day and night. If they obey you in that, then tell them that Allah has enjoined on them charity (zakah) to be taken from their rich and given to their poor.” (Agreed upon)
So the disbeliever is commanded first of all to enter Islam. If he becomes Muslim, then we tell him to pray, give zakah, fast, perform Hajj and all the other duties of Islam.
Being of sound mind and being an adult
The Prophet (peace and blessings of Allah be upon him) said: “The pen is lifted from three [and does not record their deeds]: from one who is sleeping, until he wakes up; from a child until he reaches puberty, and from one who is insane until he comes to his senses.” (Narrated by Abu Dawud, 4403; classed as sahih by al-Albani in Sahih Abi Dawud)
So a child is not obliged to perform Hajj, but if his parents take him for Hajj, his Hajj is valid; the child will have the reward of Hajj and his parents will also have a reward. When a woman lifted up a child and asked, “Is there Hajj for this one?” the Prophet (peace and blessings of Allah be upon him) said: “Yes, and you will have the reward.” (Narrated by Muslim)
Being free
Hajj is not obligatory for a slave, because he is distracted by his duties towards his master.
Being able to do it
Allah says (interpretation of the meaning):“And Hajj (pilgrimage to Makkah) to the House (Ka‘bah) is a duty that mankind owes to Allah, those who can afford the expenses (for one’s conveyance, provision and residence).” [Aal 'Imran 3:97].This includes being able both physically and financially.
What is meant by being physically able is that one is sound in body and can bear the hardship of travelling to the sacred House of Allah:
Meaning of financial ability in Hajj
Being financially able means that one has enough funds to get to the sacred House of Allah and back again.
The Standing Committee said (11/30):
“Being able to do Hajj means that one is sound in body and has means of transportation to reach the sacred House of Allah whether by plane, car or riding animal, or by renting such means, according to his situation, and that he has sufficient provisions to get there and back. That should be surplus to what he needs to spend on those on whom he is obliged to spend, until he returns from Hajj. A woman should also have a husband or mahram with whom to travel to Hajj or ‘Umrah.”
The money that he uses to reach the sacred House should be surplus to his basic needs, the spending enjoined on him by Shari’ah, and what he needs to pay off his debts.
What is meant by debts here is things that he owes to Allah, such as expiations, and what he owes to other people.
Hajj of one who is in debt
If a person has a debt , and he does not have enough money to both do Hajj and pay off the debt, then he should pay off the debt first and he does not have to go for Hajj.
Some people think that the reason is that he did not ask permission from the one to whom he owes the money, and that if he gives him permission, then there is nothing wrong with it.
There is no basis for this thinking, rather the reason is being in debt. It is known that if the lender gives the debtor permission to go for Hajj, that does not mean the debt is waived, and he will not have discharged his duty because of this permission. Hence it should be said to the debtor: Pay off your debt first, then if you have enough left, go for Hajj; otherwise Hajj is not obligatory in your case.
If the debtor who did not go for Hajj because of his debt dies, then he will meet Allah with his Islam complete and not lacking, because Hajj was not obligatory for him, just as zakah and also Hajj are not obligatory for one who is poor.
But if he does Hajj before paying off his debt and then dies before paying it off, then he is in danger, because even the martyr is forgiven for everything except debt, so what about anyone else?
Meaning of spending enjoined by Shari’ah
What is meant by the spending enjoined on him by Shari’ah is what he is obliged by shari’ah to spend on himself and his family, without being either extravagant or stingy.
If he is of average means and wants to show signs of richness such as buying an expensive car so that he will look rich, and he does not have enough money to perform Hajj, then he has to sell the car and use that money to perform Hajj, and he should buy a car that suits his situation. His spending on this car is not a kind of spending that is approved of in shari’ah, rather it is extravagance, which is forbidden in Islam.
What is meant by financially able is that he should have enough for his family until he returns, and he should have an income after he returns to take care of himself and those on whom he spends, such as rent from property, a salary and business earnings, etc.
Hence he does not have to use the capital of his business, the profit of which he spends on himself and his family, to do Hajj, if that loss of capital will result in a loss of profits which in turn will mean that his family does not have enough.