A man performed Hajj for himself and for others while he was neglecting prayer and fasting, then he repented to Allah. What is the ruling on his Hajj for himself and for others, and is he required to repeat it?
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The questioner : I am a young man of thirty-two years of age. I used to neglect prayer and fasting. I performed Hajj for myself while I was in that state. After a year had passed, I performed Hajj again for one of my relatives, and I was also in that state, neglecting prayer and fasting. After that, I repented to Allah and regretted what had happened from me, namely committing the prohibitions of Allah and neglecting His obligations. What is required of me regarding the prayer and fasting of the past? Is my Hajj for myself and for my relative valid, or is it required to be repeated?
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions. As for what follows, I ask Allah the Exalted for whoever has named himself or titled himself "one who desires Paradise" that this title be fitting for the one who was given it, so that he is eager for the deeds that lead him to this Paradise, which Allah the Exalted mentioned in His saying:[Ali 'Imran 3:133-136] We hope that this will be realized, as Allah, Glorified and Exalted is He, has guided him to faith after misguidance and disbelief.
And regarding what he mentioned, that in the beginning of his affair he was neglecting prayer and fasting, and that he performed Hajj once for himself while in this state, and once for one of his relatives while also in this state, and then he asks about the status of these two Hajj pilgrimages and what is obligatory upon him in return for the obligatory acts he neglected?
The questioner : Yes.
The Shaykh : So we say, as for his state while he was neglecting prayer, he is a disbeliever, among the disbelievers who have exited Islam, because neglecting prayer is disbelief that expels one from the religion, necessitating eternal abode in the Fire, as indicated by the Book, the Sunnah, and the saying of the Salaf (may Allah have mercy on them). Accordingly, one who does not pray is not permitted to marry a Muslim woman. And if he has a wife, his marriage to her is annulled, and it is not permissible to continue with it.
The questioner : Yes.
The Shaykh : And if the marriage contract was concluded for him while he was in this state, and then Allah granted him repentance, it is obligatory for him to renew the marriage contract for him, because the first marriage contract that was concluded for him while he was not praying is an invalid contract.
The questioner : His second question on this topic. Yes.
The Shaykh : Due to His saying, the Exalted:[Al-Baqarah 2:221].
The questioner : Yes.
The Shaykh : And due to His saying, the Exalted:[Al-Mumtahanah 60:10] This is a very serious issue, as there are people in our society who do not pray, and then a marriage contract is concluded for them with a believing woman who believes in Allah and prays. I say it and I repeat it: whoever has a marriage contract concluded for him while he is in this state, meaning he does not pray, and then Allah grants him guidance, it is obligatory that the marriage contract be repeated once more so that it becomes a valid contract. And this man who does not pray is not permitted to enter Makkah, due to His saying, the Exalted: [At-Tawbah 9:28] As for his Hajj for himself while he was not praying, it is not sufficient, not accepted, and not valid. He has not performed the obligatory duty, so he must perform the obligatory act. Likewise, his Hajj for his relative does not benefit his relative, nor does it count as performing the obligation on his behalf if it was a Hajj for the obligatory duty, because it was done by a disbeliever, and worship is not valid from a disbeliever, due to His saying, the Exalted: [At-Tawbah 9:54].
Accordingly, we say to this brother questioner: As for your Hajj for yourself and for your relative, it is void and not valid, and it is obligatory for you to repeat the obligatory Hajj once more. And if a marriage contract was concluded for you while you were in this state, it is obligatory for you to renew the marriage contract anew. As for what you neglected of previous deeds, it is not obligatory for you to make them up, because the correct opinion with us is that every worship restricted by a time, if it is delayed past its time intentionally without a valid legal excuse, making it up does not benefit, because the meaning of worship restricted by a time is that it must be in that specific time. If it is done before that time, it is not valid, and if it is done after that time without a valid legal excuse that permits the delay, it is also not valid. This is because if it is delayed past its time without a valid legal excuse, and then a person prays it after that time, or performs it after that time, he has done it in a manner that Allah and His Messenger did not command. And the Prophet (peace and blessings be upon him) said:Sahih Muslim 1718b And because if we said that making it up is valid in this case, every person would find it easy to delay prayer from its time, or the time-restricted worship from its time, as long as it benefits him to perform it after the time.
So he must, therefore—meaning this brother questioner—he must repent to Allah with sincere repentance, and continue in performing obedience and drawing near to Allah, Mighty and Majestic, with many righteous deeds, and he should increase in seeking forgiveness and repentance. And Allah the Exalted said:[Az-Zumar 39:53] This verse was revealed regarding the repentant, so every sin from which a servant repents, even if it was shirk (associating partners with Allah) with Allah, Mighty and Majestic, Allah will accept his repentance.
The questioner : May Allah reward you with good.
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions. As for what follows, I ask Allah the Exalted for whoever has named himself or titled himself "one who desires Paradise" that this title be fitting for the one who was given it, so that he is eager for the deeds that lead him to this Paradise, which Allah the Exalted mentioned in His saying:
(133) And hasten to forgiveness from your Lord and a garden as wide as the heavens and earth, prepared for the righteous (134) Who spend [in the cause of Allah] during ease and hardship and who restrain anger and who pardon the people - and Allah loves the doers of good; (135) And those who, when they commit an immorality or wrong themselves [by transgression], remember Allah and seek forgiveness for their sins - and who can forgive sins except Allah? - and [who] do not persist in what they have done while they know. (136) Those - their reward is forgiveness from their Lord and gardens beneath which rivers flow [in Paradise], wherein they will abide eternally; and excellent is the reward of the [righteous] workers.
وَسَارِعُوا إِلَى مَغْفِرَةٍ مِنْ رَبِّكُمْ وَجَنَّةٍ عَرْضُهَا السَّمَاوَاتُ وَالْأَرْضُ أُعِدَّتْ لِلْمُتَّقِينَ * الَّذِينَ يُنْفِقُونَ فِي السَّرَّاءِ وَالضَّرَّاءِ وَالْكَاظِمِينَ الْغَيْظَ وَالْعَافِينَ عَنِ النَّاسِ وَاللَّهُ يُحِبُّ الْمُحْسِنِينَ * وَالَّذِينَ إِذَا فَعَلُوا فَاحِشَةً أَوْ ظَلَمُوا أَنْفُسَهُمْ ذَكَرُوا اللَّهَ فَاسْتَغْفَرُوا لِذُنُوبِهِمْ وَمَنْ يَغْفِرُ الذُّنُوبَ إِلَّا اللَّهُ وَلَمْ يُصِرُّوا عَلَى مَا فَعَلُوا وَهُمْ يَعْلَمُونَ * أُولَئِكَ جَزَاؤُهُمْ مَغْفِرَةٌ مِنْ رَبِّهِمْ وَجَنَّاتٌ تَجْرِي مِنْ تَحْتِهَا الْأَنْهَارُ خَالِدِينَ فِيهَا وَنِعْمَ أَجْرُ الْعَامِلِينَAnd regarding what he mentioned, that in the beginning of his affair he was neglecting prayer and fasting, and that he performed Hajj once for himself while in this state, and once for one of his relatives while also in this state, and then he asks about the status of these two Hajj pilgrimages and what is obligatory upon him in return for the obligatory acts he neglected?
The questioner : Yes.
The Shaykh : So we say, as for his state while he was neglecting prayer, he is a disbeliever, among the disbelievers who have exited Islam, because neglecting prayer is disbelief that expels one from the religion, necessitating eternal abode in the Fire, as indicated by the Book, the Sunnah, and the saying of the Salaf (may Allah have mercy on them). Accordingly, one who does not pray is not permitted to marry a Muslim woman. And if he has a wife, his marriage to her is annulled, and it is not permissible to continue with it.
The questioner : Yes.
The Shaykh : And if the marriage contract was concluded for him while he was in this state, and then Allah granted him repentance, it is obligatory for him to renew the marriage contract for him, because the first marriage contract that was concluded for him while he was not praying is an invalid contract.
The questioner : His second question on this topic. Yes.
The Shaykh : Due to His saying, the Exalted:
And do not marry polytheistic women until they believe. And a believing slave woman is better than a polytheist, even though she might please you. And do not marry polytheistic men [to your women] until they believe. And a believing slave is better than a polytheist, even though he might please you.
وَلا تَنْكِحُوا الْمُشْرِكَاتِ حَتَّى يُؤْمِنَّ وَلَأَمَةٌ مُؤْمِنَةٌ خَيْرٌ مِنْ مُشْرِكَةٍ وَلَوْ أَعْجَبَتْكُمْ وَلا تُنْكِحُوا الْمُشْرِكِينَ حَتَّى يُؤْمِنُوا وَلَعَبْدٌ مُؤْمِنٌ خَيْرٌ مِنْ مُشْرِكٍ وَلَوْ أَعْجَبَكُمْThe questioner : Yes.
The Shaykh : And due to His saying, the Exalted:
And if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them
فَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَاتٍ فَلا تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ لا هُنَّ حِلٌّ لَهُمْ وَلا هُمْ يَحِلُّونَ لَهُنَّindeed the polytheists are unclean, so let them not approach al-Masjid al-Haram after this, their [final] year
إِنَّمَا الْمُشْرِكُونَ نَجَسٌ فَلا يَقْرَبُوا الْمَسْجِدَ الْحَرَامَ بَعْدَ عَامِهِمْ هَذَاAnd what prevents their expenditures from being accepted from them but that they have disbelieved in Allah and in His Messenger and that they come not to prayer except while they are lazy and that they do not spend except while they are unwilling.
وَمَا مَنَعَهُمْ أَنْ تُقْبَلَ مِنْهُمْ نَفَقَاتُهُمْ إِلَّا أَنَّهُمْ كَفَرُوا بِاللَّهِ وَبِرَسُولِهِ وَلا يَأْتُونَ الصَّلاةَ إِلَّا وَهُمْ كُسَالَى وَلا يُنْفِقُونَ إِلَّا وَهُمْ كَارِهُونَAccordingly, we say to this brother questioner: As for your Hajj for yourself and for your relative, it is void and not valid, and it is obligatory for you to repeat the obligatory Hajj once more. And if a marriage contract was concluded for you while you were in this state, it is obligatory for you to renew the marriage contract anew. As for what you neglected of previous deeds, it is not obligatory for you to make them up, because the correct opinion with us is that every worship restricted by a time, if it is delayed past its time intentionally without a valid legal excuse, making it up does not benefit, because the meaning of worship restricted by a time is that it must be in that specific time. If it is done before that time, it is not valid, and if it is done after that time without a valid legal excuse that permits the delay, it is also not valid. This is because if it is delayed past its time without a valid legal excuse, and then a person prays it after that time, or performs it after that time, he has done it in a manner that Allah and His Messenger did not command. And the Prophet (peace and blessings be upon him) said:
He who did any act for which there is no sanction from our behalf, that is to be rejected.
من عمِل عملاً ليس عليه أمرنا فهو ردSo he must, therefore—meaning this brother questioner—he must repent to Allah with sincere repentance, and continue in performing obedience and drawing near to Allah, Mighty and Majestic, with many righteous deeds, and he should increase in seeking forgiveness and repentance. And Allah the Exalted said:
Say, "O My servants who have transgressed against themselves [by sinning], do not despair of the mercy of Allah. Indeed, Allah forgives all sins. Indeed, it is He who is the Forgiving, the Merciful."
قُلْ يَا عِبَادِيَ الَّذِينَ أَسْرَفُوا عَلَى أَنْفُسِهِمْ لا تَقْنَطُوا مِنْ رَحْمَةِ اللَّهِ إِنَّ اللَّهَ يَغْفِرُ الذُّنُوبَ جَمِيعاً إِنَّهُ هُوَ الْغَفُورُ الرَّحِيمُThe questioner : May Allah reward you with good.