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<b><font color="green"><font size="5">Hajj or Jihad?</font id="size5"></font id="green"></b>

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This is a small letter regarding a matter that have created a question in the minds of many believers. They are caught between two wajibs. One which becomes obligatory with the capability of the believers, while the other in its real rulings is a fardh kif#257;ya but due to circumstances becomes a fardh ayn from which a capable Muslim would not be excused if he stays back without an acceptable excuse.

As for the first Obligation which is Hajj, we would say; As for Hajj, it is from the pillars of Islam, which cannot be delayed with capability and certainty of security of the path when going and when Jihad is not an individual obligation. and with Jihad matters like Qisas and its like are added to this, like those which cannot be delayed, but acting upon it becomes obligatory without delay for if those are left, sins may occur from the person. For when the obligation of Hajj comes on a capable Muslim who is burdened by the shar#299;ah, he must not delay the Hajj, for if he dies with the capability without fulfilling it, the warning regarding that matter is known although there is some talk on the narration, still all the chains supports one another.
And as the verse about this is clear in its meaning as explaining when it becomes obligatory, it is sufficient from being further interpreted. In addition to that one must understand that capability is provision and a vessel. And other matters are added to this like a guider for the blind and its like. And these matters are debated with the difference of opinion in the books of fiqh. And as involving ourselves, in its depth is not the goal which is intended behind the writing of this article.

As for the second Obligation which is Jihad; it is a fardh kif#257;ya in its original ruling. And it becomes a fardh ayn in circumstances, like when an enemy has attacked a border of a land owned by Muslims, and if the Muslims in that country cannot defend themselves due to reasons like their laziness or weakness, then it becomes an obligation on the Muslims near that land, and they don?t or cannot stand with what is required from making the enemies retreat, then it becomes on the next until it becomes an Obligation on each and every Muslim in the world except those from whom excuse is accepted. Also it becomes obligatory when it is Jihad talab if the general Imam calls the people to go for Jihad. And there are other reasons why Jihad is waged, like to avenge those raped Muslim women or if they have Muslim captives whom they refuse to release and its likes with its difference of opinions.
But what we are facing currently is not hidden from any person who has a even a little understand of the book of Allaah, that Jihad has become a fardh Ayn on each and every Muslim except those whom Allaah excused, from children and old and sick and women and those whose essential part of the body is missing or is not in use which prevents him from Jih#257;d. As for the person who wants to understand the valid excuses or the level from which a person can be excused, must refer the books on it. And the Had#299;th of Ka?b in this regard is very clear.

Coming back to the reality of the situation we are in; Jihad has become the most obligatory action after #274;m#257;n in our current situation as such verdicts are authentic from the Imams of this religion like Ibn Taimiya RH.
Another reality we must understand about our situation is that most of us are not in the lands of Islam any more but we are mostly in the dar harb from which Hijrah becomes W#257;jib on each and every individual. So it is not like the earlier times when if the Kuff#257;r attacks on a land where Muslims stays, first it becomes obligatory on the people only there and then the next after them and the next after them, for to begin with our lands are not dar Islam but rather dar kufr. And these are not lands of Islam which are ruled by Muslims but rather separated in to colonized states with j#257;hili systems which are ruled by k#257;firs. So when the kuff#257;r enter in to such lands where Muslims are caught between two wolves, one in their clothes and the other from the clear Kuffaar. So in this situation Muslims far away should not wait looking at the situation, that if the inhabitants cannot control the situation we will go there. But it is known to each with a little sense that the people there, cannot stand against it, but they will stand back, and their governments also would not be of any avail to them, so in this current situation one must run to these places where help is required to push the enemies out as this is a fardh Ayn, from its very beginning and not as some people claim that we don?t have to go to such and such places because it is fardh on it?s inhabitants only. Their claim is refuted in this way and due to the incapability which we see from the inhabitants of that region, which is as mentioned a reason to make Jihad an individual obligation.

Another reality we must understand is that after some time, since the unavailability of a Dar Islam, by All#257;h?s mercy, He has bestowed upon the believers some lands where His Word is made most supreme. And still the weapons are hot from the clashes confronted and which they are confronting even now as I write this letter. So apart from the obligation of Jihad, another obligation also forces us to go there, and that is moving from these lands of Kufr, of its detail everybody is aware, to those lands which are being liberated from the clutches of the t#257;gh#363;ts and their j#257;hili system. So the w#257;jib to go to those lands are obligatory in two ways.

And no Muslim would be excused from being a sinner due to their holding back, except those whom Allaah has excused, due to these two obligations which cannot be delayed. And the matter which they say that the path is not safe or that land is not safe, is not excuse as Medina was not secure and neither was the path secure in its first days. And that time the matter was more dangerous as that was the only place where the colors of Islam were properly seen. But this didn?t stop the Muslims from migrating and defending the first Dar of Islam and practicing their religion.

After this explanation which I deem to be sufficient for what is to be explained below, I begin asking for the help of Allaah to explain the matter directly.

As for Hajj, nobody would deny how important an obligation it is as it is the fifth pillar of Islam. But there are reasons why this obligation is delayed and why Jihad becomes more obligatory on the capable individual of Jihad from whom no excuse to stay back is acceptable.

<font color="red"><b>Firstly</b></font id="red"> when the enemy invades in to a land where there are Muslims. They would have to fight until they expel the enemy whom if left without being confronted will corrupt the religion and way of life.

<font color="green"><b>Secondly</b></font id="green"> if the Muslim were to leave Jihad and go for Hajj, the obligation of expelling would remain unfulfilled and as a fundamental, Muslims would be sinful due to that.

<font color="purple"><b>Thirdly</b></font id="purple"> the necessities to fulfill the Obligation of Hajj depends on the out come of the war, as if the enemies become victorious, the security of the paths would cease and the money and vessel which is the limit of capability to fulfill the obligation, would be wasted and also the men and woman who go for Hajj would be enslaved or killed and the lands from which they leave to make Hajj would be occupied.

<b><font color="orange">Fourthly</font id="orange"></b> it is known from proofs that when Jihad is fardh Ayn nobody from the Sah#257;ba held back from going to Jihad, but they went out in total, without leaving back a scholar or a student, a Mu?takif or a worshipper, a person to do agriculture or trade to help the Muslims financially. Nobody stayed back but a Mun#257;fiq an excused person or those whose story is known from the Hadeeth of Ka?b, whose repentance was not accepted but after fifty days regardless of their telling the truth and them being amongst the best Sahaaba who were with the prophet SAW in each war and in Badr (except for Ka?b RA who was in the Aqbah pledge)! What a great lesson for those who stay back from Jihad claiming anything! And the refutations for those with excuses can be found in its places.
This was due to the understanding of the Sah#257;ba that when Allaah says that a matter is Obligatory, they know that it was not said due to the decrease of the participants in the army but rather it is an obligation which must be attended as the obligatory prayer, for this is a matter between His Rabb who obligated and himself. And this meaning is clear in the Had#299;th of Ka?b.
The other understanding is that if they stay back and if the Romans were to attack, then neither Hajj nor prayer would be performed due to the damages to which we slightly highlighted above.

<font color="red"><b>Fifthly</b></font id="red"> many other Obligations like serving the parents and returning debts and obedience to the husband and master are given less priority when Jihad becomes fardh Ayn.

Sixthly when a person has to fulfill matters like marrying or build his house or return his debts (there is an explanation to each found in the books of fiqh), the Hajj is delayed to fulfill these needs as in times this becomes more obligatory as explained in books of fiqh. But when Jihad becomes fardh Ayn all these are left and the person must participate in the war without delay.

<font color="green">Seventhly</font id="green"> we give importance to give our money to the Muj#257;hid#299;n or in the path of Jih#257;d in the times when the Jih#257;d is fardh Ayn. And because the dal#257;il for this and the above can be seen and is known clearly, that I am intentionally not mentioning any dal#299;l.

As our only topic is about Jihad of the current time and the Hajj, I did limit my reason for the Obligation of Jihad as fardh Ayn to the matter of enemies invading our lands and although many other reasons are found for its Obligation and us being sinful for not fulfilling these as this is enough to reach the objective.

Another point to be noted is that if one thinks without following his desires, the lands of Kufr are in its worst status. As a person rarely stays without being sinful due the agreements and laws, his compromising in major matters, his silence and deviation from the Millat of Khal#299;lein, and the forbidden things which he does, which is mostly inevitable in his trade, travel, schools, offices, agreements, courts and the list goes on. Which makes it obligatory on each Muslim, be it man or a woman to migrate from those places to the lands of Islam and not hold back for any reason. And if one says to where? Earlier we have said to those ?to strive to make one where you can migrate?. ?For what does not fulfill an obligation but with it, is an obligation in itself?. But now, All the praises to Allaah, the previous excuse which was repeated on the tongues of the mass is also invalid because now lands are formed on the blood of martyrs in which the Word of Allaah is most exalted. And think not that the Kuff#257;r would pave you the way and put carpets on it for you to migrate to fight them and bring them under the system of Islam willingly or unwillingly, but rather they would stop you, jail you, kill you, rob you and will do everything to stop you. But in these times try to escape with yourselves and family only and if not with your family then with yourself as was seen in the time of the prophet SAW. And beware and beware that anything holds you back while still the roads are easy, and learn from our mistake from the fall of the first Islamic Imaret in Afghanistan. How we held back trusting the kufr media and due to other reasons, which were not enough to be excuses in front of Allaah! And from Allaah we seek forgiveness, help and power


Another matter we must remember is that the land of Hajj has again returned to the t#257;gh#363;ts and Kuff#257;r, and many brothers are prevented from performing Hajj, but worse than that! They are captured and killed or jailed or handed over to the Kuffaar! And this was not even practiced in the j#257;hiliyya, but a person would meet the killer of his father and leave him without harm. And now if a person openly declares his disassociation from the taghut and all the Kufr system they brought, and claims his love for the Muwahhid#299;n and Muj#257;hid#299;n and call for the obligation of Jihad, then he is faced with many trials varying from what was mentioned and known. So even when a person makes Hajj, he does it with a lot of compromise and not fully following the Millat of Khal#299;lein. How can he fully follow it? When he makes Hajj with the Mushriks from brelwiyyah, kuff#257;r from shias, t#257;gh#363;ts from countries and judges, without declaring his disassociation from them and his enmity towards them, but rather smiles and cooperates while he clearly knows that those are shia?s or t#257;gh#363;ts or the army of the t#257;gh#363;ts, except for a few on whom Allaah bestowed with guidance.

Another perspective, don?t you see the Hadeeth that our faith will not be complete until we love for our brother what we love for ourselves? And the incident in which Uthmaan RA denied to make Umrah/hajj before the prophet SAW? And how can we go and live peacefully smiling in the same land with the same people from whose hands Yusuf Al Uyeiri has been killed? And Sultan Al Uteibi has been shred to bits? Our brothers are burnt and killed? Our shuyookh are impriosioned? Our brothers are being sodomized by these same people? Where are we from the loving of each other? Where are we from feeling pain for the other Muslims? Where are we from really loving our brothers what we love for ourselves? Do you think that reason Abu Mus?ab Az Zarqawi, Usama bin Laden, Aiman Az Zawahiri and many of their likes are and were staying away from visiting the house because they do not like it? Nei! But it is due to the love of the Rabb of this house and to defend it, they are fighting without any compromising with the tawaagheet. Or how happy the tawagheet be if these people ?repent? (as their evil scholars say) and come?

Did you think that those who are caught and afflicted by war, or banished from the haram, or sought to be captured and tortured and to be killed doesn?t love to see the House of Allaah? Nei! By Allaah and By Allaah! They love that more than the tawagheet and his allies, for they are the reason which Allaah made, that you are going peacefully to these lands! they are the reason that Allaah made, to even let you see this House on its Pillars! For do you think the Kuffaar and Tughaat would for one day leave, if Allaah didn?t make the blood and lives of the Mujaahideen in its defence, the House of Allaah to be standing? No they would demolish that House and Kill all the Muslims if they can for Allaah tells the truth about the nature of these people while you know not! In the fall of andalus there are lessons to be learnt.

So love for the brothers what you love for yourself and don?t smile at the killer of your own brothers and rapist of your own sisters and the demolisher of the houses of the weak families from Muslims. And in this are signs for those with understanding.
And Wallaahi! The only reason we are calmly living amongst these tughaats and Hypocrites are because we are not practicing our religion as it should be practiced. And we are not fulfilling the Waajibaat on us. And we are not fulfilling the fundamentals of the Millat Ibraaheem from declaring disassociation and enmity against these filthy kuffar and tawagheet and their tails from the hypocrites and their kufr systems. For I challenge you! Declare it once and see if you can perform Hajj with them!
And our long stay, amongst these people and our daily sins has made the gravity of these matters which people do every day seem lighter in our minds! Until the major kufrs are viewed as minor kufrs, and the major shirks are viewed as culture! And the clear misguidances are viewed as matters which we must live with! Where is your religion? Where are the ways the salaf lived? Where are the sayings of Allaah and His Rasool SAW? Or now has it become our inheritance to say what we will and desire about this clear, pure religion?

As for the matter of Hajj for the people on whom the time came, while they were searching a path for Hijrah and Jihad, but still did not find one, but are ready to leave with the first chance they get without holding back with any invalid excuses. Or those who are staying back under the command of the general Amir, to take care of matters which are assigned to him, or those who have a valid excuse to stay back and if these people got a way to perform Hajj without compromising in their religion (practically very hard to implement) it is permissible for these people to perform Hajj. Or else if a choice is given between these two, then choose Jihad for its Obligation is more than your Hajj.

As for the women, who needs a mahram to go to Hajj, can go with these people. Or else they have to wait, for how can they go with such people who stay back from the Waajibaat of Jihad and Hijrah? And how can the woman hold their men from the Waajibaat of Jihad? (these are all related to the current times/ when Jihad is still a fardh Ayn for when Jihad is a fardh Kifaaya its Ahkaam are known) But if a woman goes while knowing with the a person who intentionally stays away from Jihaad while he knows its rulings? as for their Hajj, it is Sahih, as the three who stayed back, nothing was said about the worships they did in that period that it was unacceptable but he is sinful with a grave sin! And he must not think that this is a minor matter! But this is a matter which Allaah said to those who stay back from Jih?d and dies without repenting that they are Rijs. And as for the women her Hajj is Sahih too, and she also must tell her mahram about the matter of Jihad and remind him always.
As for those who go to Hajj while unknowing these matters, they are also sinful in general, but when coming to specific individuals, we must only decide or judge on them being sinful after seeing if any preventing factors are unavailable like ignorance. And their hajj is also Sahih.

But beware and again beware that you make a major sin to be minor or a major kufr to be minor or a major shirk to be minor due to the increase of people who act on it and due to the fewness of the people who stay away from it. And beware that you make an Obligation seem a minor matter which if left, you see the clear warnings and torments in the Qur?an and Sunnah, beware that you make it seem minor or a thing from which people will be excused if you see your shuyookh or the majority leaving it and few people acting on it. For this religion is not your right that you change the words of Allaah for whom you desire as you like.

Lastly I would like to remind that this religion started as strange thing and will return to be a strange one and the incident that the prophet SAW was asked about who his followers were? So the prophet SAW answered that a free man and a slave, and the incident which sahaabi?s like Abu Dardaa RA said angrily to Umm Dardaa that the only thing which the people do (correctly and according to Sunnah) from the time of the prophet SAW is their praying in Jama?ah, and some said only prayer and some said the sahaba would not know of your Islam anything, so it is said ?do not be deceived by the increase of those who are lost and astray and are going towards their own destruction, and by the fewness of people who are striving on the straight path?.
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