What is the ruling on one who performed Hajj while having a debt, and the creditor is demanding it?
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Question : He says: One who performed Hajj while having a debt, or specifically, overdue installments for which the creditor is demanding payment, has performed Hajj. Is this state of his such that his Hajj is valid and the obligation is dropped? But does that man sin, or is the Hajj returned to him? And does the ruling differ if the amount he spends on Hajj is not enough to pay off the installments, and the creditor is not willing to accept it unless it is paid in full, which is not available, nor half of it, nor a quarter of it?
Answer : The answer: From the grace of Allah the Exalted is that a person who has a debt has no Hajj obligation at all. If you tell him that it is an obligation, that is a mistake. Every person who has a debt has no Hajj obligation, just as a poor person has no zakah obligation.
Did you understand? You understood. Every person who has a debt has no Hajj obligation at all, and it is not an obligation. So the expression that it is an obligation for him is a mistake, because one of the conditions for the obligation of Hajj is that the person not have a debt. And if he meets his Lord in this state, He will not punish him, just as a poor person who has no money to pay zakah. And based on this, we say: if the debt is due immediately, it must be paid before anything else. And if it is in installments, we look at whether he is safe from himself in that if the installment becomes due, he will have what to pay it with, and he has money now that he can use to perform Hajj, then let him perform Hajj. Otherwise, he does not perform Hajj. Even if it is in installments and he has only this little money, he does not perform Hajj, because Hajj is not obligatory upon him. And I hope that you and others understand that Hajj is not the most emphasized of the pillars of Islam; it is the last of the pillars of Islam. And I am amazed at people who strive for Hajj with this great striving, while they perhaps borrow or take loans for its sake, or leave the debt on their shoulders for its sake, while they are neglecting many things of the religion that are more important than it, such as prayer, for example. Therefore, we should educate the common people who see that the greatest debt they have is Hajj, and this is a mistake. Hajj, as you know, is the last of the pillars of Islam. And also, it must not be that a person has two [debts].
Answer : The answer: From the grace of Allah the Exalted is that a person who has a debt has no Hajj obligation at all. If you tell him that it is an obligation, that is a mistake. Every person who has a debt has no Hajj obligation, just as a poor person has no zakah obligation.
Did you understand? You understood. Every person who has a debt has no Hajj obligation at all, and it is not an obligation. So the expression that it is an obligation for him is a mistake, because one of the conditions for the obligation of Hajj is that the person not have a debt. And if he meets his Lord in this state, He will not punish him, just as a poor person who has no money to pay zakah. And based on this, we say: if the debt is due immediately, it must be paid before anything else. And if it is in installments, we look at whether he is safe from himself in that if the installment becomes due, he will have what to pay it with, and he has money now that he can use to perform Hajj, then let him perform Hajj. Otherwise, he does not perform Hajj. Even if it is in installments and he has only this little money, he does not perform Hajj, because Hajj is not obligatory upon him. And I hope that you and others understand that Hajj is not the most emphasized of the pillars of Islam; it is the last of the pillars of Islam. And I am amazed at people who strive for Hajj with this great striving, while they perhaps borrow or take loans for its sake, or leave the debt on their shoulders for its sake, while they are neglecting many things of the religion that are more important than it, such as prayer, for example. Therefore, we should educate the common people who see that the greatest debt they have is Hajj, and this is a mistake. Hajj, as you know, is the last of the pillars of Islam. And also, it must not be that a person has two [debts].
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 313 - 332 ما حكم من حج وعليه دين وصاحب الدين يطالب به؟ الفتاوى الثلاثية - ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
