Rule 10...

Rule 10: It is apparent that it is recommended that the person who takes a child who is not intelligent on a pilgrimage as his guardian must be the person who has the right to custody of the child as set out in the law of marriages. Rule 11: If the expenses of the pilgrimage of the child exceed the usual amount, the excess is the responsibility of the guardian and not the child.

However, if the guardian proceeds on pilgrimage the child becomes unprotected or if the journey is in the interest of the child, it is permissible to meet the expenses of the child from his own money. Rule 12: The cost of the sacrifice for the child is on the guardian and so is the penalty (kaffarah) for hunting. As for penalties which are attracted as a result of deliberate acts, they naturally would not fall on the child or the guardian nor would they be payable from the the child's money.

The Second Condition: Intelligence: There is no obligation on an insane person to perform a pilgrimage, even if the insanity is periodic. However, if the insane recovers during the pilgrimage period, is of means and is able to perform the ceremonies of the pilgrimage, then it is obligatory on him to perform the pilgrimage, even if he remains insane during the other periods.

The Third Condition: Freedom: The Fourth Condition: The Means: There are a few rules that need consideration under this head: A: Time: This means that there must be enough time for proceeding to Makkah and staying throughout the obligatory periods. It is not obligatory to perform the pilgrimage if there are the means but not the time sufficient for the journey and stay for the obligatory ceremonies there or if making the time necessitates undergoing great difficulties beyond what is normal.

In such circumstances, it is obligatory to set aside the funds to make the journey in the ensuing year. If there are the means in the following year, performance of the pilgrimage is obligatory, otherwise it is not.

B: Physical Health and Strength : If a person is unable to travel to the holy places by reason of disease or age, or unable to stay there for the specified periods because of extreme heat or is otherwise unbearable for him, it is not obligatory for him to set out for the pilgrimage personally but it is obligatory on him to send an agent to perform it on his behalf.