Are the security of the path (Takhliyat al-Tariq) and the possibility of travel (Imkan al-Maseer) prerequisites for the obligation of Hajj?
General Chapter
Al-Mughni
Book of Hajj
Primary text
There are differing narrations on these two conditions. One narration holds that they are prerequisites for obligation; thus, Hajj is not obligatory without them because Allah only obligated it upon the capable, and these factors make one incapable, and because performing Hajj is impossible without them, similar to provisions and means of transport. This is the position of Abu Hanifa and Al-Shafi'i. Another narration states they are not prerequisites for obligation but are required only for the immediacy of setting out (Luzum al-Sa'ee). If the five main conditions are met, and one dies before these two exist, Hajj is performed on their behalf after death. If they become impoverished before these two arise, the obligation remains due.
Supporting text
The second view is supported by the apparent statement of Al-Kharqi, who did not mention them, and by the Prophet's response regarding what necessitates Hajj, which was 'provisions and means of transport.' Furthermore, the impossibility of performance due to impediments is an excuse that does not prevent the obligation, unlike being deprived of provisions and transport, which prevents both performance and obligation simultaneously.