A man performed Hajj with his wife, and they did not offer a sacrifice, and they fasted for three days during Hajj but did not fast the rest, then the man performed Hajj alone and slaughtered a sacrificial animal, so what is the ruling on their first Hajj given the wife's death?
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The questioner : I performed Hajj with my wife ten years ago, and at that time we did not have money to buy the expiation. We fasted for three days during Hajj, and when we returned to our country, we neglected to complete the fast due to the busyness of worldly affairs. We remained in this state until five years ago, when I performed Hajj again alone and slaughtered an expiation, but I did not know what the status of our first Hajj was, as I and my wife still had seven days of fasting remaining. I inform you that my wife has passed away (may Allah have mercy on her). I am now confused about what to do: is it obligatory for me to fast now on my behalf and on behalf of my deceased wife, or what should we do?
The Shaykh : The act you performed of fasting for three days during Hajj when you did not intend to offer a sacrifice is valid, but delaying the fasting of the seven days until this period is something that should not be done. What a person should do is hasten to clear his conscience and make up what is due from him. It is obligatory for you now to fast seven days on your own behalf. As for the woman, it is established from the Prophet (peace and blessings be upon him) that he said:Sahih Muslim 1147 If one of her children, or her father, or her mother fasts on her behalf, or if you fast on her behalf, then that is sufficient. If none of you fasts, then feed a poor person for each day.
However, I would like to point out that the sacrificial animal is not obligatory for the pilgrim unless he is a mutamatti' or a qarin. The mutamatti' is the one who performs 'Umrah before Hajj in the months of Hajj, entering the state of ihram for it after the entry of the months of Hajj, and performing Hajj in the same year. The qarin is the one who enters the state of ihram for both 'Umrah and Hajj together, or enters the state of ihram for 'Umrah first and then adds Hajj to it for one of the reasons. If a person has performed Hajj as an ifrad, meaning he performed only Hajj and did not perform 'Umrah, then the sacrificial animal is not obligatory for him, because Allah the Exalted only made the sacrificial animal obligatory for the mutamatti' in His saying:[Al-Baqarah 2:196] The scholars of knowledge stated that the mutamatti' in this verse includes the one who separates 'Umrah from Hajj and the qarin who performs both together.
The questioner : His second Hajj?
The Shaykh : As for his second Hajj, he did not mention anything in it that would require a deficiency or require a sacrificial animal, so it is valid.
The questioner : Meaning, even if he still had something remaining from the first Hajj?
The Shaykh : Yes.
The questioner : May Allah bless you.
The Shaykh : The act you performed of fasting for three days during Hajj when you did not intend to offer a sacrifice is valid, but delaying the fasting of the seven days until this period is something that should not be done. What a person should do is hasten to clear his conscience and make up what is due from him. It is obligatory for you now to fast seven days on your own behalf. As for the woman, it is established from the Prophet (peace and blessings be upon him) that he said:
'A'isha (Allah be pleased with her) reported Allah's Messenger (ﷺ) as saying: If anyone dies in a state (that he had to complete) some fasts, his heir must fast on his behalf.
من مات وعليه صيام صام عنه وليهHowever, I would like to point out that the sacrificial animal is not obligatory for the pilgrim unless he is a mutamatti' or a qarin. The mutamatti' is the one who performs 'Umrah before Hajj in the months of Hajj, entering the state of ihram for it after the entry of the months of Hajj, and performing Hajj in the same year. The qarin is the one who enters the state of ihram for both 'Umrah and Hajj together, or enters the state of ihram for 'Umrah first and then adds Hajj to it for one of the reasons. If a person has performed Hajj as an ifrad, meaning he performed only Hajj and did not perform 'Umrah, then the sacrificial animal is not obligatory for him, because Allah the Exalted only made the sacrificial animal obligatory for the mutamatti' in His saying:
then whoever performs 'umrah [during the Hajj months] followed by Hajj [offers] what can be obtained with ease of sacrificial animals
فَمَنْ تَمَتَّعَ بِالْعُمْرَةِ إِلَى الْحَجِّ فَمَا اسْتَيْسَرَ مِنَ الْهَدْيِThe questioner : His second Hajj?
The Shaykh : As for his second Hajj, he did not mention anything in it that would require a deficiency or require a sacrificial animal, so it is valid.
The questioner : Meaning, even if he still had something remaining from the first Hajj?
The Shaykh : Yes.
The questioner : May Allah bless you.