The Ruling on Hajj in the Presence of Debt
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Question:
May Allah reward you with good. This sister, Umm Sa'ud, says: I have this question. I am a married woman with several children, and I have never performed Hajj due to several circumstances, including the debt on my shoulders and in my trust, and the debt on my husband's shoulders and in his trust. I have heard that a person must be free of this debt or he cannot perform Hajj. I fear that my death may come before I fulfill the obligation of Hajj, knowing that I have performed 'Umrah five times, some of them in Ramadan. What is required of me, O Shaykh?
Answer:
Hajj and 'Umrah are obligatory for the Muslim who is accountable and able to perform them. Allah the Exalted said:[Ali 'Imran 3:97] The Prophet (peace and blessings be upon him) said: Sahih al-Bukhari 8 Jami` at-Tirmidhi 2609Sahih (Darussalam) the House of Allah, for whoever is able to find a way to it. So Hajj is obligatory for the accountable Muslim once in a lifetime, provided he has the ability. Ability means the capacity to provide the expenses of Hajj, from provisions and a mount. This is the ability: from provisions and a mount, or the suitable means of transport appropriate for each time, and the suitable expenses appropriate for each time. If he is not able, he owes no Hajj, and even if he dies, he owes nothing, because Hajj did not become obligatory upon him, as he was not able to perform Hajj. As for the debtor who has a debt and does not have what covers this debt,
and spends on his Hajj, he owes no Hajj. Rather, he starts with the debt. So if he pays off the debts upon him and has what remains to perform Hajj with, then Hajj becomes obligatory upon him. Otherwise, he prioritizes paying off the debt.
May Allah reward you with good. This sister, Umm Sa'ud, says: I have this question. I am a married woman with several children, and I have never performed Hajj due to several circumstances, including the debt on my shoulders and in my trust, and the debt on my husband's shoulders and in his trust. I have heard that a person must be free of this debt or he cannot perform Hajj. I fear that my death may come before I fulfill the obligation of Hajj, knowing that I have performed 'Umrah five times, some of them in Ramadan. What is required of me, O Shaykh?
Answer:
Hajj and 'Umrah are obligatory for the Muslim who is accountable and able to perform them. 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 way
وَلِلَّهِ عَلَى النَّاسِ حِجُّ الْبَيْتِ مَنِ اسْتَطَاعَ إِلَيْهِ سَبِيلًاIslam is based on (the following) five (principles): 1. To testify that none has the right to be worshipped but Allah and Muhammad is Allah's Messenger (ﷺ).
بني الإسلام على خمس شهادة أن لا إله إلا الله وأن محمدا رسول اللهthe establishment of the Salat, giving the Zakat, fasting (the month of) Ramadan, and performing Hajj
وإقام الصلاة وإيتاء الزكاة وصوم رمضان وحجand spends on his Hajj, he owes no Hajj. Rather, he starts with the debt. So if he pays off the debts upon him and has what remains to perform Hajj with, then Hajj becomes obligatory upon him. Otherwise, he prioritizes paying off the debt.
Source
المفاضلة بين أداء حج الفريضة وأداء الدين — alfawzan.live
The Arabic text is a machine transcription of the audio recording.