This questioner is from al-Qassim, al-Dhabyah, and has coded his name with the letters M, J, H. He says: If a person takes money to perform Hajj on behalf of another, and the amount is seven thousand riyals, then...
Machine translationRead the Arabic original
The questioner : May Allah reward you. This questioner is from al-Qassim, al-Dhabyah, and has coded his name with the letters M, J, H. He says: If a person takes money to perform Hajj on behalf of another, and the amount is seven thousand riyals, and he only spent three thousand on his Hajj, leaving the rest with him, is it obligatory for him to return it to its owner, or may he benefit from it, and is it lawful for him?
The Shaykh : If a person takes dirhams to perform Hajj with them, and these dirhams exceed his expenses, he is not required to pay them to the one who gave him these dirhams, unless the one who gave them to him said to him, "Perform Hajj from this," and did not say, "Perform Hajj with this." If he said, "Perform Hajj from this," then if anything remains after the expenses, he is required to return it to its owner. If the owner wishes, he may forgive him, and if he wishes, he may take it. However, if he said, "Perform Hajj with this," then he is not required to return anything if any remains, may Allah have mercy on us, unless the one who gave him the money is a man who is unaware of such matters and thinks that Hajj incurs many expenses, and he gave him the money based on his deception and lack of knowledge. In that case, he must clarify it to him and say to him, "I performed Hajj with so much and so much, and what you gave me is more than what I was entitled to." Then, if he grants him a dispensation regarding it and allows him to keep it, there is no blame on him.
The questioner : Yes.
The Shaykh : If a person takes dirhams to perform Hajj with them, and these dirhams exceed his expenses, he is not required to pay them to the one who gave him these dirhams, unless the one who gave them to him said to him, "Perform Hajj from this," and did not say, "Perform Hajj with this." If he said, "Perform Hajj from this," then if anything remains after the expenses, he is required to return it to its owner. If the owner wishes, he may forgive him, and if he wishes, he may take it. However, if he said, "Perform Hajj with this," then he is not required to return anything if any remains, may Allah have mercy on us, unless the one who gave him the money is a man who is unaware of such matters and thinks that Hajj incurs many expenses, and he gave him the money based on his deception and lack of knowledge. In that case, he must clarify it to him and say to him, "I performed Hajj with so much and so much, and what you gave me is more than what I was entitled to." Then, if he grants him a dispensation regarding it and allows him to keep it, there is no blame on him.
The questioner : Yes.
