The Priority of Performing Hajj on Behalf of the Deceased Over Debt in Inheritance
Machine translationRead the Arabic original
The questioner:
Is Hajj in inheritance prioritized over debt?
The Shaykh:
What?
The questioner:
In inheritance, may Allah reward you, is Hajj performed on behalf of the deceased?
The Shaykh:
Yes, if he has money, it is prioritized. If he was unable to pay, he owes no Hajj. However, if he died while being able to afford it and was lenient, the cost of the Hajj is paid from his estate before inheritance. As for if he did not, and Hajj was not obligatory on him due to his inability, then he owes no Hajj, and the estate belongs to the heirs.
The questioner:
Is it prioritized over the debt, or the debt? May Allah grant you success, is it the Hajj or the debt that is prioritized in inheritance?
The Shaykh:
The debt and the Hajj are equal.
The presenter:
They are shared proportionally, meaning the larger amount.
The Shaykh:
If he was unable, the Hajj is paid and all is settled. As for if he died while being unable to perform Hajj, he owes no Hajj. If he paid it out of caution, that is good. If he paid it, it is not obligatory on him. The correct view is that Hajj is not obligatory on him unless he found a mahram. But if the heirs paid it and volunteered, may Allah preserve them,
Is Hajj in inheritance prioritized over debt?
The Shaykh:
What?
The questioner:
In inheritance, may Allah reward you, is Hajj performed on behalf of the deceased?
The Shaykh:
Yes, if he has money, it is prioritized. If he was unable to pay, he owes no Hajj. However, if he died while being able to afford it and was lenient, the cost of the Hajj is paid from his estate before inheritance. As for if he did not, and Hajj was not obligatory on him due to his inability, then he owes no Hajj, and the estate belongs to the heirs.
The questioner:
Is it prioritized over the debt, or the debt? May Allah grant you success, is it the Hajj or the debt that is prioritized in inheritance?
The Shaykh:
The debt and the Hajj are equal.
The presenter:
They are shared proportionally, meaning the larger amount.
The Shaykh:
If he was unable, the Hajj is paid and all is settled. As for if he died while being unable to perform Hajj, he owes no Hajj. If he paid it out of caution, that is good. If he paid it, it is not obligatory on him. The correct view is that Hajj is not obligatory on him unless he found a mahram. But if the heirs paid it and volunteered, may Allah preserve them,
Source
التعليق على بعض أحاديث مسند أحمد، تابع شرح مسند ابن عباس، من أول حديث: كان اسم جويرية برة — islamhouse.com (9:10)
The Arabic text is a machine transcription of the audio recording.