Is the state of Ihram for Hajj valid for the financially incompetent person?

General Chapter

Al-Mughni

Book of Legal Interdiction

Book 15 · Issue 5 · Bab 1

Open in Qurani

Primary text

The state of Ihram for Hajj is valid for the financially incompetent person because he is a person accountable who has entered Ihram, resembling others in this regard. Furthermore, since Hajj is an act of worship, it is valid from him, just like his other acts of worship.

Supporting text

If he entered Ihram for the obligatory Hajj (Fard), his sustenance for the journey must be paid from his own wealth so that the obligation is discharged for himself. If it was voluntary (Tatawwu'), and his travel expenses are the same as his resident expenses, they are paid. If travel expenses are greater and he claims he will earn the remainder, they are also paid, as this does not harm his wealth. If he has no earnings, his guardian may dissolve the Ihram due to the potential for wasting his wealth. He dissolves it by fasting, like one who is financially distressed, because he is prevented from disposing of his property. A possibility exists that his guardian does not have the authority to dissolve the Ihram, based on the ruling concerning a slave who enters Ihram without his master's permission.