Question

When is Hajj obligatory and what is the proof that it must be performed as soon as possible or that it may be delayed?

Answer

According to the correct view, Hajj was made obligatory during the 9th year after the Hijrah, and it was the year of the delegations during which Surat Aal ‘Imran was revealed. This Surah contains the Statement of Allah, the Most High:

"And pilgrimage (Hajj) to the House (the Ka'bah) for Allah is a duty upon mankind, for whoever is able to find a way there." (Surah Aal-‘Imran 3: 97)

This Verse is a proof that it is obligatory to perform it as soon as possible. For verily, the command necessitates haste. Ahmad and the Sunan compilers recorded from the Prophet (Sallallahu Alayhi wa Sallam) that he said:

"Make haste in performing Hajj - meaning the obligatory Hajj-for verily one of you does not know what will happen to him.” (Ahmad 1.314)
In another narration he (Sallallahu Alayhi wa Sallam) said:

"Whoever wants to make Hajj, let him make haste. For verily, the sick person may be ill, the riding animal may get lost and needs will occur. “(Ibn Majah no. 2883 and Ahmad 1 :355.)


Ash-Shafi'i held the view that it could be performed at one's leisure, because the Prophet (Sallallahu Alayhi wa Sallam) delayed it until the l0th year (A.H). However the reply to this is that he did not delay it more one year, and he wanted to purify the House (the Ka'bah) the polytheists and the Hajj of the naked people and the innovations. Then, when it was purified (of these vices), he performed Hajj during the following year. Based upon this, it is obligatory to make haste in performing Hajj due to fear of death (i.e. dying before hand), in which case the person will be considered lax by delaying it. A Hadith has been reported which

“Whoever owns provisions and a riding animal (i.e.transportation) and he does not perform Hajj, then he does not mind dying as a Jew or a Christian.” (At-Tirmidhi no 812)



Shaikh ibn Jibreen

Reference: Fatawa Islamiyah Volume 4 Page 34-35