Delaying Hajj due to disabled child

Category: 

Hajj & Umrah

According to Madhhab: 

Hanafi

Reference: 

1440-427

Question: 

My wife and I had put our names for Hajj as we did an emergency Umrah because our disabled son was in a critical condition in 2014. Shukr Alhamdulillah he has recovered well since. Our problem is the 3rd Hajj accreditation list was released this year and stopped in October 2014. That would mean we probably will be on the next list. We are excited but concerned at the same time. 
Our disabled 11 year old son is a patient at Baragwanath hospital and he does regular checkups at the renal and neuro clinics. When we spoke to the doctors regarding our planned Hajj and to discuss the necessary arrangements, the doctors did not grant us permission. They feel our son won't thrive without us. Instead, they issued a letter to the Saudi embassy and advised we try to take our son with us as he has been for Umrah before. 
When we spoke to SAHUC, they advised that even if the embassy grants permission, we would have to consider the Hajj conditions with a sickly child. 
We are really not sure which way forward because we also believe our child is an Amaanat from Allah Ta'aala, but we also really want to complete our obligation of Hajj as life is short. 
Please advise, should we postpone our Hajj trip and take him with when he is 18, or should we just go? 

Answer: 
At the very outset, one should keep in mind that delaying hajj after it becomes compulsory on an individual is not acceptable in Shariah and is an act of sin. Therefore, we would advise you to refer to the various travel agents and enquire from them as to what is the least amount of days you may go to perform Hajj. Thereafter, discuss the number of days with your child’s doctor and see if he/she permits you to travel and go for Hajj for those few days. If he/she agrees and permits you to travel for a few days, you should not delay your Hajj. However, if the doctor still does not agree for you to go for Hajj and insists on you staying with your son, and there is nobody who may look after the child as required for those few days, then you may delay your Hajj until the appropriate time comes when you can go. In the latter scenario, if the wife is sufficient to stay behind and look after the needs of the child, the husband should not unnecessarily delay his hajj, rather he should make arrangements and fulfill his Hajj this year. Later if the wife can go for Hajj with some mahram while the husband looks after the child, she should also go. The wife can also go first and the husband later according to your convenience. (Mu'allimul Hujjaj Pg. 81) 

AND ALLAH TA'AALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST
ANSWERED BY: Abdullah Badat 
CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B. 
Islamic Date:15 Rajab  1440  English Date: 23 March 2019

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