The Proviso of Bulugh
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The Proviso of Bulugh
The Hajj is not obligatory for children, regardless of whether a child is of the age of discretion (mumayyiz) or not (ghayr mumayyiz). For a mumayyiz child, the Hajj is voluntary and valid. However, it does not relieve him/her of the obligation to perform the obligatory Hajj (called hijjat al‑'Islam)later as an adult possessing istita'ah; this, in case he/she does not attain adulthood before the wuquf. On this all the five schools of fiqh are in agreement.
It is permissible for the guardian (wali) of a ghayr mumayyiz child to take him along on the Hajj pilgrimage. In that case, he puts on the child the dress of ihram; instructs him to say the talbiyah, if the child can say it well, or otherwise says it himself on the child's behalf; and is cautious lest the child commits some act unlawful (haram) for the pilgrims (hujjaj). The accompanying guardian also tells him to perform every act that the child can perform himself, and what he cannot, the guardian performs it on the child's behalf.
The schools of fiqh differ on two questions relating to the Hajj of a mumayyiz child: firstly, whether his Hajj is valid, irrespective of the permission of the guardian; secondly, whether he is relieved of the obligation of Hajj if he attains adulthood before mawqif.According to the Imamiyyah, Hanbali, and Shafi'i schools, the guardian's permission is a provision for the ihramto be valid. According to Abu Hanifah, the idea of validity is inapplicable to the child's Hajj, even if mumayyiz, and regardless of whether he obtains the permission of the guardian or not; because, according to him, there is nothing to a child's Hajj except its significance as an exercise (Fath al‑Bari, al‑Mughni, al‑Tadhkirah). According to the Imamiyyah, Hanbali and Shafi`i schools, if the child attains adulthood before mawqif, his obligatory duty of Hajj (hijjat al‑'Islam)is thereby fulfilled. And according to Imamiyyah and Maliki schools, the duty is fulfilled if he renews ihram(as an adult), otherwise not; which means that he should start the Hajj all over again from the beginning. (al‑Tadhkirah)
