Is it permissible to limit the numbers of pilgrims?
Fatwa No: 10035

Question

What is the ruling on limiting the number of pilgrims by the authorities? What is the ruling on performing Hajj by drawing lots? What are the motives for all this?

Answer

All perfect praise be to Allaah, The Lord of the worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

It is definitely known that the sites of Hajj are places that have specific boundaries such as Mina and Muzdalifah. Staying at some of these places represents a pillar of Hajj without which it is rendered invalid such as standing in ‘Arafah. On the other hand, staying in some places is obligatory such as spending the night in Mina on the nights of Tashreeq and in Muzdalifah on the night of An-Nahr.

Not many decades ago, the number of pilgrims was too little to cover the areas of the sites of Hajj. However, many factors have arisen since then, such as an increase in the number of Muslims, the ensuing increase in the number of pilgrims, the limited areas of Hajj sites, the needs of pilgrims for health and food services and so on. Due to all such reasons, those responsible for Hajj affairs decided to set a limit to the pilgrims of each country in proportion to the number of its Muslim residents. This is done in consideration of the interests of those who visit Al-Bayt Al-Haraam and to organize the season of Hajj in a way that enables the pilgrims to perform the rites easily and comfortably.

What we see is that this opinion is sound and acting upon it is consistent with the rule of warding off harm and realizing benefit which is implied by the Sharee‘ah rulings.

Since the number of those who apply for Hajj who have never performed it before usually exceeds the fixed number of each country's pilgrims, some countries resort to a lottery system so as to choose among those who applied for Hajj. Drawing lots is a legitimate method of selection when there is a multitude of equally eligible applicants. The one who is not destined to be chosen for Hajj is no longer considered capable of performing Hajj that year and he has to retry the following year and so on.

If such a person becomes unable to perform Hajj for any reason or dies before he could perform it, he incurs no sin because Allaah The Almighty Made Hajj obligatory on whomever is capable of performing it and, in this case, such a person is not considered capable.

Allaah Knows best.

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