If he wants to perform Hajj on behalf of his father, is he required to seek the permission of his older brothers?
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Question:
May Allah reward you, Your Eminence, father. The questioner says: A man died without having performed Hajj, and he had children. One of his children, who is the youngest, wants to perform Hajj on his behalf. Is he required to seek the permission of his brothers who are older than him?
Answer:
If a man dies without having performed Hajj while he was able to do so, and he had money, it is taken from his estate, from the deceased's estate, and Hajj is performed on his behalf with it, because this is a debt upon him. So Hajj is performed on his behalf from his money, from his estate, from the principal. As for if he did not have money, he was able to perform Hajj but did not, and he died poor, then the obligation of Hajj remains upon him. One of his sons performs Hajj on his behalf, and he is required to seek the permission of the others.
May Allah reward you, Your Eminence, father. The questioner says: A man died without having performed Hajj, and he had children. One of his children, who is the youngest, wants to perform Hajj on his behalf. Is he required to seek the permission of his brothers who are older than him?
Answer:
If a man dies without having performed Hajj while he was able to do so, and he had money, it is taken from his estate, from the deceased's estate, and Hajj is performed on his behalf with it, because this is a debt upon him. So Hajj is performed on his behalf from his money, from his estate, from the principal. As for if he did not have money, he was able to perform Hajj but did not, and he died poor, then the obligation of Hajj remains upon him. One of his sons performs Hajj on his behalf, and he is required to seek the permission of the others.
Source
قناة «العلامة الدكتور صالح الفوزان»، إذا أراد أن يحج عن والده هل يلزم أن يستأذن إخوته الأكبر؟ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
