1. The Hajj in Islamic law, being wajib upon a mustati` (person having all the required characteristics that makes the Hajj obligatory for him) for not more than once in his entire lifetime, is called Hajjat al-Islam.
2. The obligation of Hajjat al-Islam is immediate; i.e. the Hajj should be performed in the first year of istita`ah (i.e. the year in which, according to the presence of certain personal conditions, the Hajj becomes obligatory) and any delay in it, without an excuse is not permissible. In case of delay he would be a disobedient and the obligation would remain on him, being obligatory for him to perform it the following year, and so on until it is performed.
3. If, in the year of istita`ah, Hajj requires preliminaries, like traveling and its requirements, these should be arranged so that the Hajj could be performed in the same year (of istita`ah). In case the mukallaf was so derelict to the extent that he could not go to Hajj in that year, he would be a disobedient and the obligation of the Hajj would remain on him and it should be fulfilled later on under any conditions, even if the status of istita`ah was lost.

Conditions for the Hajjat al-Islam to be wajib

Several conditions make Hajjat al-Islam wajib:
First: Sanity. Hajj is not wajib on the insane.
Second: Adulthood. Hajj is not wajib on a child or an adolescent, and if they perform the Hajj, it will not replace Hajjat al-Islam, even if it was correct.

4. If a child entered ihram for Hajj then became religiously adult during the wuquf at Muzdalifah (Mash`ar al-haram), and he was mustati`, then his Hajj would be acceptable as the required Hajjat al-Islam.
   
5. If a child pilgrim commits a prohibited act if it was hunting, its kaffarah would rest with his guardian, while other types of kaffarahs, apparently, are not wajib on either the guardian or the child.
   
6. In Hajj of a child, the cost for the sacrifice of a sheep is paid by the child's guardian.
   Third: Istita`ah which includes the following types:
   a. Financial istita`ah
   b. Physical istita`ah
   c. Sirbi istita`ah (related to the openness and safety of the route)
   d. Time istita`ah
   And here are the details of each:
   a. Financial istita`ah which includes several points:
   1- Provisions, baggage and travel costs i.e. what is needed in travel like food, water and other things in addition to the means of transportation.
   
7. It is not a condition for the mukallaf to own the provisions and the means of transportation themselves but it is sufficient to own the money or other things, which he could spend on obtaining them.
   
8. Hajj is not wajib upon the person who does not have provisions or the means of transportation or he could not afford them even if he could obtain them through earnings or other means.
   
9. It is a condition that he should own the cost of the return trip to his home or to any other place if he had previously intended to go there.
   
10. If one has nothing by which he could afford the Hajj expenses but there is someone in debt to him, the amount of which would cover the Hajj expenses or act as a complement to it, he must reclaim it if it had fallen due, the debtor was rich enough and there was no extraordinary hardship (i.e. extraordinary hardship) on the creditor in the debt being reclaimed.
    
11. If a woman has a dowry in the debt of her husband which covers her Hajj expenses, she could not ask for it if her husband was not able to afford it and she would not considered as mustati`. But if the husband was rich, she is obliged to ask for it unless a depravity, like dispute or divorce, would follow in case of her asking. In such a case she is not obliged to ask for it and she would not be considered as mustati`, as well.
    
12. If one who does not afford Hajj obtains a loan to cover its expenses, he would not become mustati` and the Hajj he performed would not be considered the required Hajjat al-Islam. And such is still the case if he was sure that he would become mustati` the next year but he obtains the loan and go to Hajj in the same year.
    
13. One who has a debt and does not have money in excess of his Hajj expenses to repay the debt, then if the debt was on credit and he was confident that he could repay it when the debt fell due, going to Hajj for him would be wajib with his present money. Such is also the case if the debt had fallen due but the creditor had agreed to delay it and one was confident that he could repay it at its time. Apart from these 2 cases, Hajj is not regarded as wajib.
    
14. One who has only enough money for Hajj and he needs to get married and for whom abstaining from marriage would result in difficulty, contempt or disease or he is afraid of committing a haram act then he would not be considered mustati`. More than that if he spent this money for Hajj, it would not apparently replace the Hajjat al-Islam.
    
15. If one finds only a means of transportation which costs more than its analogues, then if he could pay the increase without difficulty, he is obliged to pay to go Hajj (because istita`ah is not cancelled with the mere increase in prices) unless he could not pay the increase or it would cause an extraordinary hardship to him. And such is the case in buying or hiring anything needed for the trip or if he could only sell something, so that he might spend its value in Hajj, at a lesser price than its analogues.
    
16. One who knows that under his financial conditions and Hajj expenses he would not become mustati` if he wants to go to Hajj as others are doing, but thinks that possibly through investigation he could find a way/s to go, he is not compelled to embark on such an investigation because the standard of istita`ah is that which goes with convention. While one who doubts whether or not he has istita`ah it is wajib to take a proper look at his present financial status.
    

Provision for one's family during trip</p>

17. It is a condition in financial istita`ah that one should be able to meet the expenses of his family (members of the household who are dependant on him) until his return from Hajj.
    
18. What is meant by family, provision of which must be included in financial istita`ah, is what is conventionally considered as a family, even if they are not dependent on him according to shar` (Islamic law).
    

Essentials of life and living

19. It is a condition that one should have the essentials of life and what is needed to live in a conventionally suitable social position for him. It is enough to possess money or something else, which could be spent for the needs of life, and not the needs themselves.
    
20. Conventional affairs may differ from one to another. So one for whom possessing a home is essential or it is suitable for his social position, according the to convention, or that living in a hired, borrowed or endowed house may cause an extraordinary hardship or disgrace to him, then possessing a house for him will be a condition for istita`ah.
    
21. One whose living essentials (as home, furniture, vehicle, industrial instruments, etc) have values which are more than what is required for his social position, and he could sell them to buy cheaper alternatives and spend the surplus for the Hajj, without resulting into any extraordinary hardship or disgrace, then he is obliged to do so and is considered as mustati`, if the difference earned by this method is enough to cover the Hajj expenses or act as a complement to it.
    
22. If a mukallaf sold a land or other thing to buy a house with its value, then if he was in need of the house or its possession is just suitable for his social position, he would not be considered as mustati` by receiving land money, even if it is enough to cover Hajj expenses or to act as a complement to it.
    
23. For one who has extra equipment which he does not require at the moment (e.g. books) and which if sold would cover Hajj expenses or act as a complement to it, Hajj is wajib on him provided that he meets all other conditions.
    

Return to Competence

24. Return to competence is a condition in financial istita`ah (it is clear that this condition is not considered in Hajj al-badhli as it will be detailed). It means that after returning from Hajj one should have a source of income sufficient to him and his dependent family and suitable for his social position (like trade, agriculture, industrial activity, job or a property for benefit as a farm, a shop, or others). For Islamic science students (may Allah help them) it is enough to return to khums money, which is given to them by Islamic seminaries (hawzahs).
    
25. A woman also should return to competence. If she has a husband and she went to Hajj during his life, she could return to the legal maintenance she has on her husband, while a woman who does not have a husband, her return to a financial income sufficient for living and suitable for her social position is one of the conditions for her istita`ah, in addition to Hajj expenses, without which she would never be considered as mustati`.
    
26. If one has no luggage or means of transport but they have been guaranteed to him by another person (i.e. he said to him: 'go to Hajj and I will pay the expenses'), Hajj would become wajib on him and he should accept it. This type of Hajj called Hajj al-badhli, in case of which return to competence is not a condition; in addition it is not a condition for the contributor to offer the luggage or the means of transport themselves but to pay their value.
    
27. Hajj al-badhli is a valid substitute for Hajjat al-Islam and it is not wajib to go to Hajj another time if one becomes mustati` later.
    
28. Hajj al-badhli is not applied to one who is invited to go to Hajj by an institution or a person if a condition is made that he must perform a certain work for the invitation.
    

Miscellaneous issues in financial istita`ah:

29. When the due time arrives that the money must be spent for going to Hajj, it is not permissible for the mustati` to get himself out of the statues of istita`ah. Moreover, it is based on ihtiyat al-wajib not to do so even before that time.
    
30. It is not a condition for financial istita`ah to be already ascertained in the country of the mukallaf. It is sufficient to be acquired even at the Miqat. So for one who would become mustati` at his arrival to Miqat, Hajj will be wajib on him and it is valid to replace Hajjat al-Islam.
    
31. Financial istita`ah is also considered as a condition if one becomes able to perform Hajj on his arrival at Miqat (e.g. the servants in the caravans), in case that he has also all the other conditions for istita`ah (as maintenance, essentials of life and suitable living for his social position and return to competence). In such a case, Hajj becomes wajib on him and replaceable for Hajjat al-Islam; otherwise his Hajj is only mustahabb, and if istita`ah is acquired later, Hajjat al-Islam will be wajib, then.
    
32. If one is hired as a servant in the way of Hajj with a fee enough to obtain istita`ah, Hajj would be wajib on him if he accepted the hiring. Nevertheless it is not wajib on him to accept it.
    
33. One who was not financially mustati` and hires himself for Hajj al-niyabi, then he becomes mustati` after he made the contract for the hiring (i.e. not with the money of the hiring) Hajjat al-Islam, then, becomes wajib on him to perform in the same year. Then if hiring was for Hajj in the same year, it becomes void; otherwise he must perform Hajj al-niyabi the next year.
    
34. If a mustati` goes to the Hajj al-mustahabb inattentively or purposely, although with the intention of practicing the manasik of Hajj to perform them better the next year or because he thought that he was not mustati` and then becomes aware that he was, there is a doubt that his Hajj is valid and, based on the precaution, it is wajib for him to repeat it in the future. However, if he had intended to obey the real order of the Divine Legislator by imagining that it was the mustahabb order, then his Hajj would be valid in the place of Hajjat al-Islam.
    b- Physical istita`ah which means physical health and ability. Hajj is not wajib on the sick or old or those who are either unable or would have extraordinary hardship to go to Hajj.
    
35. Maintenance of physical istita`ah is a condition. If one falls sick during his journey, before ihram, then if it was his istita`ah year and the sickness had prevented him from continuing the journey, he would not be physically mustati` and not obliged to do istinabah. While one who goes to Hajj after it has already settled on him, and the sickness disabled him from continuing the journey and he becomes hopeless that he will be able to perform Hajj without extraordinary even in the next years, then he is obliged to do istinabah, while if he does hope that he would be able to perform Hajj, Hajj will remain in his debt. If one becomes sick after ihram, he has special rules to be applied on him.
    c- Sirbi istita`ah It means the route to Hajj being open and safe. Hajj is not wajib if the route is closed in such a way that one could not reach Miqat or complete his manasik. Hajj also would not be wajib if the route was open but unsafe i.e. there is a danger to oneself, his body, his honor or his money.
    d- Time istita`ah It means that there should be enough time to go to Hajj after the acquirement of istita`ah. So Hajj is not wajib if time is short i.e. one cannot go to Hajj in the correct time or he can but with great difficulties and extraordinary hardship.
    

Miscellaneous issues:

36. It is wajib on the mustati` to perform Hajjat al-Islam first, i.e. he is not allowed either to go as a na'ib (Hajj al-niyabi) on behalf of another or to perform Hajj al-mustahabb for himself before it, and if he did so, his Hajj would be void.
    
37. Permission of the husband is not a condition in Hajj al-wajib. Thus the wife should perform Hajj even if her husband disagreed.
    
38. Permission of parents is not a condition for the Hajjat al-Islam of the mustati` to be valid.
    
39. If one neglects the performance of Hajj after the conditions of istita`ah have been obtained, Hajj will settle in his debt and he must perform it later by any means possible.