Fatwa No : 88198
Delaying Hajj due to children being young.

Delaying Hajj due to children being young.

I am the mother of three children. The children are seven years, five years, and three years old. Hajj has been obligatory upon me for many years. Under the Hajj policy, young children are not allowed to be taken for Hajj, therefore, besides me and my husband, my children cannot be taken care of by, my mother-in-law, my married sister, or other relatives.
Question: Can I delay going for Hajj until my children grow older? Will I be sinful for delaying this obligatory pillar of Shariah? Until I perform Hajj, will Allah Almighty be displeased with me because of this? If I were to pass away during this period, would I be questioned for not performing Hajj and be punished?

I want to leave the children with my husband and go for Hajj with my brother or maternal uncle or paternal uncle, but my husband says, “I have to go with you for Hajj.” Even though my husband has already performed his obligatory Hajj, he keeps saying to me, “I must go with you for Hajj; I will not allow you to go for Hajj with anyone else.” I have explained to him many times that Hajj has been obligatory upon me for a long time, that he has already fulfilled his obligation of Hajj, and that only he can take care of the children, but despite explaining repeatedly, my husband is not allowing me to go for Hajj.

Question: Should I delay Hajj because of my husband’s insistence? Can my husband stop me from performing my obligatory Hajj when I want to go with my mahram relative? Is it permissible for my husband to stop me? Despite my husband stopping me, can I go for Hajj with my mahram relative, or is it obligatory for me to obey my husband?

الجوابُ حامِدا ًو مُصلیِّا ً

It should be clearly understood that once Hajj becomes obligatory, performing it immediately is obligatory, and delaying it without a valid Shar‘i excuse is sinful. However, if there is a valid Shar‘i excuse, it is permissible to delay Hajj, and no sin will be incurred due to this delay.
Therefore, in the present case, if the questioner’s children are genuinely dependent on her for care and upbringing, and she fears harm or difficulty if she leaves them with her mother-in-law, sister, or any other close relative, then in such a situation it is permissible for her to delay Hajj, and she will not be sinful because of this delay.
However, if their care and supervision can be properly managed by leaving them with their father (the questioner’s husband), mother-in-law, or any other close relative, and she also has a trustworthy mahram available to accompany her, then since the obligation of Hajj has already become binding upon her, it is not a sound or correct Shar‘i approach for her husband to become a cause of delay or an obstacle in the performance of such an important obligation merely on the basis that, “I must go with you for Hajj and I will not allow you to go with anyone else.”
In such a case, it is permissible for the questioner to go for Hajj even without her husband’s permission, and by performing it, her Hajj will undoubtedly be valid. However, it is better to try to persuade and satisfy the husband and go for Hajj with his permission, so that future domestic disputes and conflicts may be avoided.

مأخَذُ الفَتوی

کما فی الدر المختار: (على الفور) في العام الأول عند الثاني وأصح الروايتين عن الإمام ومالك وأحمد فيفسق وترد شهادته بتأخيره أي سنينا لأن تأخيره صغيرة وبارتكابه مرة لا يفسق إلا بالإصرار بحر ووجهه أن الفورية ظنية لأن دليل الاحتياط ظني، ولذا أجمعوا أنه لو تراخى كان أداء وإن أثم بموته قبله إلخ۔ (کتاب الحج، ج: 2، ص: 457، ط: سعید)۔
وفی غنیۃ الناسک: وفى الكبير عن التتمة: من عليه الحج ومرضت زوجته لا يكون عذرا فى التخلف عن الحج ومرض الوالد والوالدة يكون عذرا إذا احتاجا إليه والولد الصغير المحتاج إليه عذر في التخلف مريضا كان أو لم يكن إلخ(ص: 12، ط: إدارة القرآن والعلوم الاسلامية)۔
وفی الدر المختار: ولیس لزوجھا منعھا عن حجۃ الإسلام لو حجت بلا محرم جاز مع الکراھۃ إلخ۔
و فی الرد تحت : (قوله وليس لزوجها منعها) أي إذا كان معها محرم وإلا فله منعها كما يمنعها عن غير حجة الإسلام إلخ(کتاب الحج، ج: 2، ص: 465، ط: سعید)۔