But for one who does not know whether or not he has istitaah...

But for one who does not know whether or not he has istitaah for Hajj it is obviously obligatory to take proper stock of his present financial conditions. One who is employed to render services to the pilgrims and who could meantime perform all Hajj rites and could earn his living upon return would be considered as having istitaah for Hajj . Hajj is obligatory for him and he would meet the requirements of the Hajj in Islam, even though it is obligatory for him to be hired.

Among conditions for istitaah , the individual should be able to meet expenses of his family (members of the household which are dependent on him) until his return from Hajj . In istitaah arising through competence, i.e.

upon return from Hajj the person has to engage in trade, agriculture, and industrial activity or have property such as orchards and shops in order not to face distress and difficulty in making his living, if he were able to engage in a business befitting his place and position, it would suffice. If upon return, he could make his living with allowance, it would also suffice.

As a result, Hajj is obligatory for students of theological seminaries who, upon return from Hajj , would require allowances of the theological seminaries and who could make a living with such allowances. Conditions for the obligation of Hajj is physical ability, as well as openness of the route and availability of time. Therefore, Hajj is not obligatory for a sick person who lacks the physical strength to go on Hajj or who faces great distress and difficulty in doing so.

The same applies to a person to whom the route for Hajj is closed or who faces time shortage such that he could not go on Hajj in due time. If, while having istitaah , a person abstains from going on Hajj , he will be committing a sin and is duty-bound to go on Hajj in any way possible. The mustati should personally perform Hajj . Deputation of Hajj would not suffice for him, unless for one who cannot perform Hajj due to old age and sickness.

One who is personally mustati cannot become a representative to perform another person's Hajj . If such a Hajj on deputation is performed, it will be null and void. If one who is required to go on Hajj pilgrimage passes away before fulfilling this obligation, his Hajj should be performed with what he has left behind, and a Hajj Miqati will suffice in such a case.