In many acts of worship, there are various types of conditions:
– Conditions for obligation (wujub).
– Conditions for validity (sahha).
Some scholars, like the Maliki School, have added both conditions for validity and obligation together.
For example, in the case of prayer, among the conditions for its obligation in Islam is that it is not obligatory for a non-Muslim, nor for a minor who has not reached the age of puberty, nor for an insane person. There are various other conditions that render prayer obligatory.
The conditions for validity come after the conditions for obligation. For instance, in the example of prayer, the conditions for validity include performing ablution (wudu), facing the Qibla, and covering the private parts for those who are capable. Prayer is not considered valid without these conditions being met along with the capacity to fulfill them.
The condition for validity and obligation, according to those who hold this view, like in the previous example of prayer, is the entrance of the specified time. Prayer is not obligatory before its designated time, and it is neither valid nor counted if performed before its time, except in the case of combining prayers.
If we understand this, I would say:
Indeed, among the conditions for the obligation of Hajj are: being a Muslim, being of sound mind, reaching the age of maturity, being free, and having the capability.
Capability encompasses both financial and physical ability, as well as being free from any hindrances, such as fear.
As for the conditions for the validity of Hajj, among them are, for example, intention (niyyah), observing the specified times for entering the state of consecration (ihram), and observing the specified places for entering the state of consecration.
A pilgrimage (Hajj) does not occur without intention, as it is a specific act of worship. It does not occur outside of Mecca, and it only takes place during the months of Hajj. If someone performs Hajj outside of these mentioned conditions, it will not be considered a valid Hajj.
Based on this, if a person’s financial situation is such that their debt or financial obligations are to the extent that it doesn’t leave them with the means to undertake their Hajj, the minimum requirement is to cover the costs of their journey to and from Hajj, the expenses related to performing Hajj itself, providing for their family until they return, with the minimum period being a month.
I would like to emphasize that if a person’s situation aligns with this scenario, Hajj is not obligatory upon them. However, if they still choose to proceed with Hajj, it will be valid as long as the conditions for its validity are fulfilled.
The inquirer asked about the pilgrimage of his brother. So, his brother’s pilgrimage is valid with the remainder of the debt as long as he fulfills the religious obligations of Hajj, meets the conditions of its validity, and even if some of the obligatory conditions are not met.
The difference between the two: For the one in whom the obligatory conditions are not fulfilled, they will not incur a sin for not performing it, and their pilgrimage is valid if they undertake it.
As for the one in whom the conditions of validity are not met, their pilgrimage is not accepted, even if the obligation of Hajj applies to them.
And Allah knows best.
Fatwa by Dr. Khālid Naṣr