Issue No. 1729- If the property set apart for fiṭrah perishes, in case a poor person was available but one has neglected in giving fiṭrah, he should give its substitute. In case, a poor person was not available, and he had not neglected in finding one, he is not responsible (to give its substitute).
Issue No. 1731- It is obligatory precaution that zakāt of fiṭrah should be spent in the same place. Therefore, unless no deserving person is available there, one cannot send it to his relatives who are living in another town. In case he transfers the fiṭrah to another place, while deserving people are available there in his own town and it perishes, he is responsible for it. However, the Mujtahid or his representative may give permission for the fiṭrah to be transferred to another area or city considering the benefits of the needy.
Issue No. 1732- As it was stated earlier, zakāt of fiṭrah cannot, based on obligatory precaution, be spent for anyone other than the poor and the destitute. Similarly, it cannot be used for setting up factories to give their benefits to the needy. However, providing the needy people with a capital enough to enable them to manage their lives is permissible.
Issue No. 1733- Ḥajj (pilgrimage) means visiting the Ka‘bah, and performing acts which are called ‘ḥajj rituals’ and it is obligatory on a person once in his lifetime, provided that he fulfills the following conditions:1- Being mature.2- Being sane3- By performing ḥajj, one does not neglect an important obligatory duty or does not commit an important sin.4- Capability of performing ḥajj (istiṭā‘ah¬), and this depends on a number of factors:a. He should possess provisions and means of transport or should have enough property with which to possess these things.b. There should be no obstacle or fear of harm to one's life, honor or property on the way to Makkah. If the way is closed or there is fear of harm, it is not obligatory on him to perform ḥajj. In case, however, he can reach Makkah by another route, it is necessary that he should go to Makkah via that route even though it may be a longer one.c. He should be physically capable enough to perform the rites of ḥajj.d. He should have enough time to reach Makkah and perform the rituals of ḥajj.e. He should possess sufficient means to meet the expenses of those whose maintenance is obligatory upon him according to the religion or common view (‘urf).f. Possessing the property or business and work through which he shall be able to run his life upon return.
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Issue No. 1735- If a woman has property which enables her to offer ḥajj, but upon her return neither her husband nor she can afford to sustain her life, in this case ḥajj will not be obligatory on her.
Issue No. 1736- If a person cannot afford to go to Makkah; but another person offers him the expenses of his journey or places at his disposal a property so that he can go to Makkah and also pays the expenses of his wife and children during this time, ḥajj will be obligatory on this person and it is obligatory on him to accept such an offer even though he may be indebted and may not also possess property with which to run his life after his return unless accepting such an offer entails harm or unbearable hardship or any sense of obligation towards the individual. This ḥajj will be considered as his obligatory ḥajj.
Issue No. 1737- If a person who is indebted, possesses the expenses of ḥajj, but is unable to afford to go to ḥajj by repaying his debts, he is not mustaṭī‘, unless the creditor is not in a hurry, and he is also sure that he will be able to pay his debts later.
Issue No. 1738- If a person is hired to serve another person or a caravan during ḥajj, and in this way, he performs ḥajj, it will be reckoned as his obligatory ḥajj. However, accepting such a job is not obligatory.
Issue No. 1739- If a person can perform ḥajj by getting a loan, ḥajj will not be obligatory on him, but if some people pay his ḥajj expenses as well as the expenses of his family during that period, ḥajj will become obligatory on him.
Issue No. 1740- Anyone can be hired to perform ḥajj on behalf of someone else provided that he knows the rules and procedure of performing ḥajj irrespective of whether he has performed ḥajj before or not. However, if he is unable to perform ḥajj, he may not assign it to someone else, unless the hirer himself permits it.
Issue No. 1741- One’s obligation will not be considered as fulfilled by merely hiring a person to perform ḥajj on behalf of a deceased person, unless he is satisfied that the hired person has performed ḥajj.
