Hajj e badal

http://www.askimam.org/public/question_detail/19058

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

If you possess sufficient wealth (savings, jewelry, property, etc) that would pay for your trip to Makkah and back for yourself and your mahram, then Hajj is obligatory for you.1 You must be accompanied by a mahram since you reside in the UK.2 3

If your take your husband and pay for his Hajj, the obligation of Hajj for both of you will be fulfilled. If your husband does not wish to accompany you, you should search for another reliable mahram. You will be responsible for the expenses of your mahram. Once you find a reliable mahram, your husband cannot prevent you from going on your obligatory Hajj.4

If you cannot find a mahram in your lifetime, you will not be sinful for not performing Hajj. You should make a bequest that a Hajj-Badal be performed on your behalf. Your inheritors will then be responsible to find someone to perform the Hajj on your behalf.5  

If one of your small children is breastfeeding and there is no one else who can breastfeed on your behalf and your child does not take to a wet nurse, then to protect the child, put off your obligatory Hajj until your child is weaned.6 As for children that are already weaned but small in age, there is no excuse there, as they can be cared for at the home of a relative or friend.

May Allah enable both your and your husband to go on Hajj and may Allah accept the Hajj of all our brothers and sisters. Ameen.

And Allāh Knows Best.

Ml. Sohail Bengali
Chicago, IL (USA)

Concurred by:
Muftī Abrar Mirza
Chicago, IL (USA)

Under the Supervision of:
Muftī Ebrahim Desai
South Africa

 http://www.askimam.org/public/question_detail/19536

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

If Hajj became fardh (compulsory) on the deceased this year and he had made intention to perform it but he passed away before he could perform it and it was not fardh on him before this year, he will not be sinful for not performing the Hajj because he did not get the time to perform it. However, if Hajj was fardh on him before this year and he delayed it and now passed away, he will be sinful because of not performing Hajj. In this case, it was wājib (obligatory) for him to leave a bequest for Hajj to be performed on his behalf. 

If he did leave a bequest (wasiyyat), it will be fardh on the inheritors to implement this if the cost of Hajj can be fulfilled from 1/3 of the inheritance. If the 1/3 of the inheritance is not enough for Hajj, the inheritors can- if they wish- pay for the surplus from their side. (It should be kept in mind that money cannot be taken from a non-mature (ghair-bāligh). If the inheritors don’t agree to do this then they should send someone to do Hajj from such a location where the 1/3 would be enough for Hajj. 

If the deceased did not leave a bequest there will be no obligation on the inheritors to perform Hajj on his behalf. However, if they decide to pay for it from their own money (albeit from what they received in the inheritance), the deceased will get the reward.[1] [2]

It should be kept in mind that the amount of money to be taken out for Hajj-e-badal is the minimum amount. This means that the Hajj should be Hajj-e-Ifrād and Umrah, Qirān and Tamattu’ should not be performed unless the person who gave the order of Hajj-e-badal permitted it[3]. Also, it should be kept in mind that the default ruling for Hajj-e-badal is that it has to be performed by a person who is in the same place as him. If there is not enough money to perform Hajj from the country of the deceased, one may pay someone closer to the Haram to do the Hajj-e-badal.[4]  [5]In this case they must ensure that the person that is being ordered to perform the Hajj-e-badal is only doing it on behalf of one person.

If there is not enough money left for even this, then the deceased will be sinful for not performing Hajj.

The inheritors may in this case pay and organise for a Hajj-e-badal to be performed on behalf of the deceased and Inshā-allah, the person will be alleviated of the sin. Finally, it should be kept in mind that most of the costs of the Hajj have to be incurred by the person who gave the order for the Hajj to be valid.[6]

And Allah Ta’āla Knows Best 

Checked and Approved by,
Mufti Husain Kadodia



http://askimam.org/public/question_detail/32570

My father, who is 80 years old and has not yet performed hajj, is willing to give me money to take my mother to perform hajj. My father shall not be able to perform hajj due to old age and also heart and diabetic illness.

My mother who is around 60 years old is physically active and can perform hajj, if I accompany her.

I am a married person with two small kids aged under 3 and I do not have enough savings to pay for my and my wife’s hajj.

If I take money from my father to take my mother for hajj, can I perform Hajj-e-Badal for my father?

If I have just enough savings of my own to perform my own hajj (without my wife), can I still perform Hajj-e-Badal for my father from his money and some years later, take my wife to perform my own farz Hajj with my wife ?

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh

It is permissible for one who has not yet performed his own Fardh Hajj to perform Hajj-Badal (on behalf of someone else). However, this is Makrooh (disliked).[1]

The one who is performing the Hajj-Badal will not be absolved of his Fardh Hajj since he is doing it on behalf of someone else.[2]

In your situation, since you are accompanying your mother as a Mahram, and your father is unable to perform Hajj, it is hoped in view of the circumstances the Karahat (reprehensibility) of you performing Hajje – Badal due to not performing Hajj before will be removed.

You may accompany your wife later and perform your Fardh Hajj with her.

And Allah Ta’āla Knows Best

Ismail Desai,

Darul Iftaa