Is the Hajj performed by a non-adult valid?
General Chapter
Al-Mughni
Book of Hajj
Primary text
The Hajj performed by a child is valid. If the child is discerning (mumayyiz), they must enter the state of Ihram with the permission of their guardian. If the child is non-discerning (ghair mumayyiz), their guardian enters the Ihram on their behalf, thereby making the child a state of Ihram. This is the position held by Malik and Al-Shafi'i, and narrated from 'Ata and Al-Nakha'i. The evidence for validity is the narration from Ibn Abbas, who said, "A woman raised a boy and asked, 'O Messenger of Allah, does this one have Hajj?' He replied, 'Yes, and you shall have the reward.'" This was related by Muslim and others. Further evidence is the narration by Al-Bukhari from Al-Sa'ib ibn Yazid, who stated, "I performed Hajj with the Prophet, peace be upon him, when I was seven years old."
Supporting text
Abu Hanifa holds that the Ihram of a child is not established, nor does the child enter the state of Ihram through their guardian's Ihram, because Ihram is a cause that mandates a legal consequence, which cannot correctly originate from a child, similar to a vow (nadhr). This is distinguished because while the child must avoid what the person in Ihram avoids, a vow does not impose a mandatory financial obligation, unlike the obligations stemming from Ihram.