Islam Guidance

Istita’ah

Istita’ah

All the five schools of fiqh agree that istita`ah is a requirement for the Hajj duty to become obligatory as mentioned by the Qu’ranic verse: Ù…Ù† استطاع الیه سبیلا (“… if he is able to make his way there”). [10]

However, there is disagreement about the meaning of istita`ah. In hadith it has been defined as consisting of "al‑zad wa al‑rahilah". `Al‑rahilah' implies the expenses of to and fro journey to Mecca, and `al‑zad' stands for the expenses required for transport, food, lodging, passport fees, and the like. Moreover, the funds needed to meet such expenses must come out of the surplus after paying one's debts, after arranging for one's family's livelihood, meeting the requirements of one's source of income (such as land for a farmer, tools for a craftsman, capital for a tradesman, and so on), and without compromising the security of his life, property and honour. All schools agree about it except the Malikis, who say that the duty of Hajj is obligatory for anyone who can walk. The Malikis also do not consider the necessity of providing for the living expenses of the family. Rather, they consider it compulsory for one to sell off his essential means of life, such as land, livestock, tools, and even books and unessential clothes. (al‑Fiqh `ala al‑madhahib al‑'arba`ah).

If a person upon whom the Hajj duty is not obligatory due to absence of istita'ah, takes upon himself the burden and performs the Hajj, in case he attains istita'ah afterwards, is his first Hajj sufficient or should he perform the Hajj once again? According to the Maliki and Hanafi schools, yes, repetition is not compulsory. According to the Hanbali school, yes, but a duty left unattended, such as an unpaid debt, must be discharged.

According to the Imamiyyah school, it does not suffice the obligation of Hajj if he attains istita'ah afterwards, because the provisional is inseparable from the provision both in its presence and its absence. The Hajj performed before the attainment of istita'ah isconsidered supererogatory (nafl). Later, with its realization, repetition of the Hajj becomes obligatory.

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