ثُمَّ هُوَ وَاجِبٌ عَلَى الْقَوْرِ عِنْدَ اَبِى يُوسُفَ وَ عِنْدَ أَبِي حَنِيفَةً مَا يَدُلُّ عَلَيْهِ وَعِندَ مُحَمَّدٍ وَالشَّافِعِي عَلَى التَّرَاخِي لِأَنَّهُ وَظِيفَةُ الْعُمْرِ فَكَانَ الْعُمْرُ فِيهِ كَالْوَقْتِ فِى الصَّلوةِ وَجْهُ الْاَوَّلِ انَّهُ يَخُصُّ بِوَقْتِ خاص وَالْمَوْتُ فِى سَنَةٍ وَاحِدَةٍ غَيْرَ نَادِرٍ فَيَتَضَيّقُ اِحْتِيَاطًا وَلِهَذَا كَانَ التَّعْجِيلِ اَفْضَلَ بِخِلَافِ وَقْتِ الصَّلوة لان الْمَوْتَ فِى مِثْلِهِ نَادِرٌ
Translation: According to Abu Yusuf, Hajj is obligatory immediately, and there is a narration from Abu Hudhayfah that indicates this, and according to Imam Muhammad and Imam Shafi’i, it is obligatory to perform Hajj because Hajj is the duty of ‘Umar. It is like there is time in prayer and the first reason is that Hajj is special with a specific time and it is not possible to die within a year, so precaution has been taken and for this reason it is preferable to perform it early as opposed to the time of prayer. Because it is not far to die in such a time.
Interpretation The problem is that when all the conditions for Hajj are fulfilled in a person, then Hajj will be wajib immediately in the same year or Al Tarakhi will be wajib. If he does it, he will be a sinner. This is the opinion of Imam Ahmad, and the imams who believe in him are Kurkhti, and there is also a narration from Hazrat Imam al-Azam which indicates the immediate and imminent punishment. If someone has wealth, he should perform Hajj or marry. Hazrat Imam Sahib said that he should perform Hajj. This also shows that according to Imam Sahib, Hajj is obligatory immediately, and according to Imam Muhammad and Imam Shafi’i, it is obligatory after al-Turakhi. However, there is also a difference between the views of Muhammad and Imam Shafi’i, that is, according to Imam Muhammad, delay is permitted with the condition that Hajj is not canceled due to death. He will be a sinner. And according to Imam Shafi’i, he will not be guilty of delay even if he is dead. However, the argument of these two gentlemen is that the obligatory Hajj is complete. It is life, so the whole life in the chain of Hajj is like the time of prayer for the prayer. And the reason for Imam Abu Yat’s statement
Hajj is specific to a specific time, i.e. Ashhar Hajj (Shawwal, Dhul-Qa’dah, Dhul-Hijjah) and what is fixed with a specific time, if it dies before its time, he will perform it at the same time. Now the time of Hajj will return again in one year after death and the whole period of the year is very long in this period both death and life are equal. This means that the time of Hajj should be narrowed and it should be said that Hajj is obligatory in the year in which the conditions for Hajj are fulfilled, but it should be kept in mind that if one cannot perform Hajj this year, then whenever one performs Hajj, it will be made up. It won’t happen. Because the crunch of time is about caution and not about research. Imam Abu Yusuf has strengthened his argument and said that it is preferable to hasten to perform Hajj by agreement, as opposed to the time of prayer, it is rare for death to occur so late.
Therefore, delaying the prayer in its time will not be a precaution against it.
