The Nusuk (Hajj and Umra) either will be collective duty or individual duty or supererogatory. It will be obligatory collectively all the years on all the free and mature individuals to enliven the holy Ka’aba.
So the Ihram (Intention of Hajj or Umra) of a child of no discretion and of the mad will not be accepted. And for the sufficiency of Hajj and Umra as the obligatory duty of Islam, all the conditions mentioned above and the freedom are considered to be conditions. And for the Hajj and Umra to be obligatory all of the above conditions and the ability are conditions.
Then the Ihram of the guardian for the child, generally, is valid. And the Ihram of the child of discretion is also valid with the permission of the guardian. And in the case of the child of no discretion the guardian should perform Tawaf, Sa’ay, with him and the recommended Salat of Tawaf and Ihram for him and should provide him with stones and ask him to throw if he can, and otherwise the guardian himself can throw. All these should be done by the guardian only after doing the actions for himself first. And he should bring the child of no discretion all the places (necessarily if essential and optionally if recommended). And the child of discretion should perform Tawaf, Salat, Sa’ay, and Ram’y, on his own and should be present the entire necessary places by himself. The mad is like the child of no discretion in all the laws mentioned. And likewise is the case of the unconscious. The Nusuk of the child will not suffice to the obligatory Hajj and Umra of Islam. But it will occur as recommended, except he got Stay in Arafat in Hajj and Tawaf in Umra after he got matured.
The obligation of Hajj and Umra
The Nusuk (Hajj and Umra) either will be collective duty or individual duty or supererogatory. It will be obligatory collectively all the years on all the free and mature individuals to enliven the holy Ka’aba. And it is individually obligatory on all the mature, free and able Muslims once in life.
The ability is two kinds; ability by self and ability by others.
The ability by self will be with six conditions. 1- To have food and the expense of the liabilities till the return from the Nusuk. 2- To find vehicle, if he is away from Makkah or he is unable to walk. 3- The food and the expense of the liabilities and the vehicle should be surplus after the debt and shelter.4- The route should be safe. So one is not liable to go to Nusuk by water or by air, unless the safety is probable. And the woman also need not go unless she is safe with her husband or with a blood relative or with a group of trustworthy women. And same is the case of one who has fear, unless he got a guard or the friends with whom he will be safe. 5- Health of body. So it is not obligatory on the one who cannot sit on the horse without difficulty. And likewise is the blind who did not get a guide. 6- The possibility (after getting all the things mentioned) of reaching Makkah.
The ability by others is of two kinds. 1- One who is unable to Nusuk by self by the reason of old age or the like, but he got some assistant (with wage/voluntarily). Then he has to rent some one or to give permission to a volunteer to perform Hajj and Umra. 2- One died while the Hajj was in his responsibility. Then the Nusuk will be obligatory on the person whom he entrusted the duty (Wasiyy), then on the heir and then on the Haakim (the ruler). The expense of the Nusuk is to be taken from the legacy. If there was no legacy or it will not sufficient for the expense no Nusuk is obligatory. But it is recommended for others as well as the heir to perform Nusuk for the dead. The appointment of a deputy for a living able man is impossible in any way. The deputation for the dead is permissible unconditionally in obligatory Nusuk, and Wasiyyat (will) is necessary in Nafl.