His father intended to perform Hajj a second time, but Allah willed that he should pass away. Is it obligatory for him to perform Hajj on his behalf, and will he be sinful if he does not?
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Question:
He says: My father has already performed the obligatory Hajj, and he intended to perform Hajj again in the same year in which he had resolved to perform it a second time. Then Allah, the Exalted and Sublime, willed that he should die. Is it obligatory for us to perform Hajj on his behalf? And if we do not, is there a sin upon us? We have given charity from part of his wealth as a continuous charity (sadaqah jariyah). May Allah reward you with good.
Answer:
If he did not perform the Hajj of Islam, and he has wealth that benefits him, then the amount needed to perform Hajj on his behalf is to be taken from his estate, because this is a right for Allah, the Exalted and Sublime, and a debt owed to Allah in his liability, so it is paid from his estate. However, if he has already performed the Hajj of Islam, and he only intended to perform a voluntary Hajj but was unable to, then he owes nothing, and nothing is obligatory from his wealth. Now, if you voluntarily make a waqf (endowment) for him, or give charity on his behalf, or perform Hajj on his behalf, this is an act of righteousness that benefits the deceased, and you will have a reward in it, if Allah wills.
The presenter:
May Allah reward you with good. He says that his father has performed Hajj, and it appears that he performed the Hajj of Islam. Then he mentions that they have set aside part of his wealth as a continuous charity. Is there any comment, Shaykh Fahd? Yes, there is no harm in that. If he performed the Hajj of Islam, then he has fulfilled what was obligatory upon him, so performing Hajj on his behalf afterwards is a matter of voluntary giving and kindness; it becomes a voluntary act. Likewise, if they agree to endow some of his wealth for him as a continuous charity, this is their wealth and their right. If they allow some of it to benefit the deceased, and if Allah wills good, we hope that it will benefit the deceased. If they agree to do this, or if some of them does it from his own wealth or his own share, then this is a good thing. Yes. May Allah reward you with good, and may Allah do you good.
He says: My father has already performed the obligatory Hajj, and he intended to perform Hajj again in the same year in which he had resolved to perform it a second time. Then Allah, the Exalted and Sublime, willed that he should die. Is it obligatory for us to perform Hajj on his behalf? And if we do not, is there a sin upon us? We have given charity from part of his wealth as a continuous charity (sadaqah jariyah). May Allah reward you with good.
Answer:
If he did not perform the Hajj of Islam, and he has wealth that benefits him, then the amount needed to perform Hajj on his behalf is to be taken from his estate, because this is a right for Allah, the Exalted and Sublime, and a debt owed to Allah in his liability, so it is paid from his estate. However, if he has already performed the Hajj of Islam, and he only intended to perform a voluntary Hajj but was unable to, then he owes nothing, and nothing is obligatory from his wealth. Now, if you voluntarily make a waqf (endowment) for him, or give charity on his behalf, or perform Hajj on his behalf, this is an act of righteousness that benefits the deceased, and you will have a reward in it, if Allah wills.
The presenter:
May Allah reward you with good. He says that his father has performed Hajj, and it appears that he performed the Hajj of Islam. Then he mentions that they have set aside part of his wealth as a continuous charity. Is there any comment, Shaykh Fahd? Yes, there is no harm in that. If he performed the Hajj of Islam, then he has fulfilled what was obligatory upon him, so performing Hajj on his behalf afterwards is a matter of voluntary giving and kindness; it becomes a voluntary act. Likewise, if they agree to endow some of his wealth for him as a continuous charity, this is their wealth and their right. If they allow some of it to benefit the deceased, and if Allah wills good, we hope that it will benefit the deceased. If they agree to do this, or if some of them does it from his own wealth or his own share, then this is a good thing. Yes. May Allah reward you with good, and may Allah do you good.
Source
قناة «العلامة الدكتور صالح الفوزان»، نوى والده أن يحج مرة ثانية ولكن شاء الله أن يتوفاه فهل يجب عليه أن يحج عنه وهل يأثم إذا لم يحج عنه؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.