Is the obligation to perform Hajj immediately upon fulfilling the conditions (Istita'ah)?
General Chapter
Al-Mughni
Book of Hajj
Primary text
The obligation to perform Hajj is immediate and must not be delayed if one is able to do so. This is the position held by Abu Hanifa and Malik. The evidence is the Almighty's saying: "And [due to that], the pilgrimage to the House is a duty to Allah for all people who can afford the journey to it" (Quran 3:97) and "And complete the Hajj and Umrah for Allah" (Quran 2:196). Furthermore, a Hadith narrated by Ahmad, Abu Dawud, and Ibn Majah states: "Whoever intends to perform Hajj, let him hasten." In another narration by Ahmad and Ibn Majah, it is stated: "For indeed, the sick person may become ill, the lost item may be misplaced, and necessity may arise." The ruling of immediate obligation is based on the principle that commands necessitate immediate action.
Supporting text
Al-Shafi'i holds that the obligation for Hajj is expansive (Wujub Mūsa'a), permitting delay. His evidence is that the Prophet (peace be upon him) appointed Abu Bakr to lead Hajj while he remained in Medina, and many capable companions also delayed. He argues that if one delays and performs it later, it is not considered a repayment (Qada'), suggesting the obligation is delayed.