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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on performing Hajj on behalf of a father who passed away while he was financially and physically able to perform Hajj?

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Question:
Our brother asks about the ruling on performing Hajj on behalf of a father who passed away while he was financially and physically able to perform Hajj, and whether it is permissible to deduct the costs of Hajj from his estate in the case where the heirs are disbelievers or where there are no disbelievers among them. Then, what is the ruling on performing Hajj on behalf of a father who passed away while he was not financially or physically able to perform Hajj? Please inform us, may Allah reward you.

Answer:
As for the one who passed away while he was financially able to perform Hajj, but did not perform the Hajj of Islam, it is obligatory to pay out from his share the amount needed to perform Hajj on his behalf, covering all the requirements of Hajj from his departure to his return. This is a debt to Allah the Exalted and Supreme, which takes precedence over inheritance. The debt takes precedence over inheritance, whether it is the inheritance of the story or otherwise, whether it is a debt to Allah the Exalted and Supreme or a debt to human beings. For when Allah the Exalted and Supreme mentioned the matter and returned to it, He said:
after any bequest he [may have] made or debtمِن بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ
[An-Nisa 4:11]
. The debt takes precedence over the bequest, but He placed the bequest before it in the verse. It is necessary to pay attention to the bequest, because people may be deserving of the bequest in its execution, so it is brought forward in its payment and fulfillment. There is no bequest and no inheritance except after the debts are paid, whether they are to Allah (Exalted and Majestic is He) or to the two parties. Among the debts for which one is accountable to Allah is the Hajj of Islam. The Prophet (peace and blessings be upon him) said, “Pay off the debt to Allah, for Allah has more right to be paid.” When a woman asked the Prophet (peace and blessings be upon him) that her father had died and had not performed Hajj, he said, “Do you think if your father had a debt, you would have paid it?” She said, “Yes.” He said, “Pay off the debt to Allah, for Allah has more right to be paid,” or as he said (peace and blessings be upon him).
The result is that the cost of the Hajj of Islam is prioritized in the estate of the deceased. They perform Hajj on his behalf, and they pay from it the amount that the proxy for the deceased spends from the time he goes until the time he finishes spending. If he is given more than what is customary, there is no harm in that.
As for the one who died without having performed Hajj and had no money, meaning he was not financially able, then Hajj is not obligatory upon him. Allah the Exalted said:
And [due] to Allah from the people is a pilgrimage to the House - for whoever is able to find thereto a wayوَلِلَّهِ عَلَى النَّاسِ حِجُّ الْبَيْتِ مَنِ اسْتَطَاعَ إِلَيْهِ سَبِيلًا
[Ali 'Imran 3:97]
But whoever disbelieves - then indeed, Allah is free from need of the worlds.وَمَن كَفَرَ فَإِنَّ اللَّهَ غَنِيٌّ عَنِ الْعَالَمِينَ
[Ali 'Imran 3:97]
. Since he was unable, Hajj is not obligatory upon him. However, if some of his relatives perform Hajj on his behalf voluntarily in order to benefit the deceased, there is no harm in that, but it is not obligatory.
Source قناة «العلامة الدكتور صالح الفوزان»، ماحكم الحج عن الوالد الذي توفي وهو يستطيع الحج مادياً وصحياً؟ الشيخ صالح بن فوزان الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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