چکیده:
According to the consensus of jurists, the obligation of Hajj is conditional on maturity. Therefore, first, Hajjat al-Islam is not obligatory on immature children; and second, if they are performed Hajj, despite the validity and legitimacy of their pilgrim, will have to do the obligatory Hajjat al-Islam. The main document of both rules is special texts. Some jurists rely on consensus and some others on practical principles before stating the texts, both of which worth contemplation. The only reason for a primitive conflict with the special texts of this subject is the narrations by Abān b. Taghlib who referred to the Hajj of immature children as Hajjat al-Islam which is, of course, virtual and due to the resemblance of performance. Regarding the second rule, the insufficiency of the Hajj performed by immature children and performing the obligatory Hajjat al-Islam, some find the insufficiency as the requirement of the primary rule while for some others the opposite case is true. According to the consensus on the requirement of the second rule and the special texts, the disagreement over the requirement of the primary rule will be fruitless. Given the complexity of this issue and the lack of independent researches in this field, it seemed necessary to discuss the reasons and their implications. Therefore, this descriptive-analytical research discusses the documents and arguments of the jurists.
خلاصه ماشینی:
An Exploration of the Evidences and Arguments for the Insufficiency of a Child's Hajj Article Type: Jurisprudence of Hajj Author Hamid Moazani Bistgani PhD Student in Jurisprudence and Foundations of Law Abstract According to the consensus of jurists, the obligation of Hajj is conditional upon reaching puberty; therefore: First: Hajjat al-Islam is not obligatory upon a child.
The only evidence that has an initial conflict with the specific texts of this chapter is the report of Aban ibn Taghlib, who applied the term Hajjat al-Islam to the Hajj of a child, though this application is metaphorical and based on the relationship of similarity (mushakalah).
Evidences of the Jurists It was stated that one of the branches raised in the chapter of Hajj is the non-obligation of Hajjat al-Islam upon a child; the evidences that can be established for this matter are as follows: First Evidence: Consensus (Ijma') As we previously mentioned, Allamah al-Hilli in Tahrir al-Ahkam claims consensus on the aforementioned matter (Hilli, 1420, Vol. 1, p.
The second group of reports: Special Reports (Akhbar al-Khassah) The special reports that have been narrated regarding the aforementioned branch, which indicate that Hajj is conditional upon puberty and consider the obligation of Hajj for a child to be non-existent, are as follows: The first report; according to the sahihah of Ishaq bin Ammar.
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