Ruling on ‘Umrah of a non-pubescent child
Question: What do Islamic scholars say about the following issue: If a non-pubescent child goes to perform an ‘Umrah, how should he make the intention of Ihram? Can he wear stitched clothes in the state of Ihram?
Questioner: Daughter of Afzal from Mirpur Khas
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
There are two types of non-pubescent children:
1 A mature and sensible child who can distinguish between purity and impurity and knows about Islam.
2 An immature and insensible child who cannot understand the aforementioned things.
If the child is mature and sensible, he will himself recite Talbiyah (i.e. ‘لَبَّیْکَ اَللّٰہُمَّ لَبَّیْکَ’) along with the intention of Ihram. His guardian cannot make the intention of Ihram on his behalf. Moreover, he will himself perform all rites of Hajj and ‘Umrah. In case of missing Ramee (i.e. throwing stones) etc., he will not be required to pay expiation. Even if such a mature child makes Hajj invalid, it is not Wajib for him to perform it again as Qada.
If the child is immature, he cannot make the intention of those actions in which intention is necessary. So, on his behalf, his guardian or father or brother, etc., will make the intention of Ihram and recite Talbiyah. Intention will be made like this: ‘اَحۡرَمۡتُ عَنۡ فُلَانٍ’ i.e. I put on Ihram on behalf of so-and-so (mention the child’s name instead of saying so-and-so). Similarly, recite Talbiyah on behalf of the child in the following way: ‘لَبَّيۡكَ عَنۡ فُلَانٍ’ (mention his name instead of saying ‘فُلَانٍ’ and complete the Talbiyah).
Keep it in mind that it is a condition to make the intention in the heart, whereas reciting it verbally is Mustahab. Therefore, if one does not recite intention verbally, there is no problem. However, it is necessary to recite the Talbiyah verbally. It should also be recited to such an audible voice that the reciter can hear it if there is no difficulty in hearing.
A non-pubescent child, whether mature or immature, should not be made to wear stitched clothes in the state of Ihram. He should also be made to wear a shawl and a Tahband [i.e. unstitched lower garment] and should also be prevented from all those things which are not permissible for a Muhrim. However, wearing stitched clothes will not make Dam obligatory for the non-pubescent child.
Note: In order to get further information about the rulings of the Hajj, ‘Umrah and Ihram of a non-pubescent child, read marvellous books on Hajj and ‘Umrah “Rafiq-ul-Haramayn” and “Rafiq-ul-Mu’tamireen” authored by Shaykh-e-Tareeqat, Ameer-e-Ahl-e-Sunnat Allamah Maulana Abu Bilal Muhammad Ilyas Attar Qaadiri Razavi دَامَـتْ بَـرَكَـاتُـهُـمُ الْـعَـالِـيَـه.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ وَسَلَّم
Answered by: Abul Hasan Jameel Ahmad Attari
Certified by: Abul Hasan Fuzayl Raza Al-Attari
 The one who has not reached the age of puberty.