Q. Does Hajj still remain obligatory on a person if they had the means to travel for Hajj but they where not accredited for Hajj?
A. In this regard, there are two aspects to consider:
1. The obligation of Hajj
2. The obligation to perform Hajj
The obligation of Hajj refers to a person fulfilling the criterion of Hajj and having sufficient means to travel for the journey of Hajj.
The obligation to perform Hajj refers to there being no restriction preventing a person from the performance of Hajj, like there being no Mahram available to accompany a woman on Hajj or a person had not been accredited/allowed to perform Hajj.
Accordingly, if a person fulfilled the criterion of performing Hajj and had sufficient means to undertake the journey of Hajj but due to them not having a Mahram available to accompany them for Hajj or due their them not being accredited/allowed to perform Hajj, then despite the restriction of not being able to undertake the journey of Hajj, the obligation of Hajj still remains. Hence, it will be necessary (Waajib) for such a person to make a bequest (Wasiyyah) of a Hajj-e-Badl in their Last Will and Testament up to one-third of their state to be discharged, if in an event they pass away without fulfilling the obligation of Hajj. (Muallimul Hujjaaj 94)
Allah Ta’ala Knows Best
Mufti Ismaeel Bassa