Hajj on behalf of the deceased from his estate
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Fatwa number ( 1366 )
Q: My father passed away without having performed the obligatory Hajj, and he left behind a piece of land. I wish to perform the obligation on behalf of my father, but I ask: should it be paid from my father's estate or from my own money?
A: If your father died while being able to perform Hajj with his own person and wealth, and he did not perform it, then you must pay for a person to perform Hajj on his behalf from what he left behind; because it was obligatory upon him; due to the saying of Allah the Exalted:[Ali 'Imran 3:97] , and due to what is in the two Sahihs, with the wording of al-Bukhari , from Ibn 'Abbas (may Allah be pleased with them both), who said: And in Sahih al-Bukhari , so in these two hadiths there is evidence that what is obligatory upon a servant does not drop off with his death, and that it is a debt upon him from which his conscience is not cleared except by its performance. And if his son performs Hajj on his behalf from his own money, that suffices, provided that the son has already performed Hajj for himself. As for if he was not able to perform Hajj until he died, then it is not obligatory upon him. And if his son performs Hajj on his behalf, it is good on the condition that the son has performed Hajj for himself; otherwise, there is nothing upon him. Since the questioner mentioned that his father owned nothing but a piece of land which he left behind upon his death, if he used this land for residence or agriculture, he is not considered able to perform Hajj by virtue of owning it, if he has nothing else, so Hajj is not obligatory upon him. But if he kept it for trade, and its value is sufficient for his expenses in Hajj and the maintenance of those he supports until he returns from Hajj, then he must have Hajj performed on his behalf from its sale price. The same applies to 'Umrah, because it is obligatory upon the one upon whom Hajj is obligatory; due to the saying of Allah the Exalted: [Al-Baqarah 2:196] , and due to the saying of the Prophet (peace and blessings be upon him) to Abu Razin al-'Uqayli when he mentioned to him the situation of his father, that he was an old man who could not perform Hajj or 'Umrah or travel, so he said to him (peace and blessings be upon him): Jami` at-Tirmidhi 930Sahih (Darussalam) Narrated by the five, and al-Tirmidhi graded it authentic .
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Q: My father passed away without having performed the obligatory Hajj, and he left behind a piece of land. I wish to perform the obligation on behalf of my father, but I ask: should it be paid from my father's estate or from my own money?
A: If your father died while being able to perform Hajj with his own person and wealth, and he did not perform it, then you must pay for a person to perform Hajj on his behalf from what he left behind; because it was obligatory upon him; due to the saying of Allah the Exalted:
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 سَبِيلاAl-Fadl ibn 'Abbas was riding behind the Messenger of Allah (peace and blessings be upon him), so a woman from Khath'am came, and al-Fadl kept looking at her and she kept looking at him, and the Prophet (peace and blessings be upon him) kept turning al-Fadl's face to the other side. She said: O Messenger of Allah, the obligation of Allah upon His servants in Hajj has overtaken my father, who is an old man who cannot stay on the mount. Should I perform Hajj on his behalf? He said: "Yes." And this was during the Farewell Pilgrimage.
كان الفضل بن عباس رديف رسول الله صلى الله عليه وسلم فجاءت امرأة من خثعم فجعل الفضل ينظر إليها وتنظر إليه، وجعل النبي صلى الله عليه وسلم يصرف وجه الفضل إلى الشق الآخر فقالت: يا رسول الله إن فريضة الله على عباده في الحج أدركت أبي شيخًا كبيرًا لا يثبت على الراحلة أفأحج عنه؟ قال: "نعم"، وذلك في حجة الوداعA woman from Juhaynah came to the Prophet (peace and blessings be upon him) and said: My mother vowed to perform Hajj but did not perform it until she died. Should I perform Hajj on her behalf? He said: Yes, perform Hajj on her behalf. Do you think if there had been a debt on your mother, would you have paid it off? Pay off the debt to Allah, for Allah has more right to be paid off.
أن امرأة من جهينة جاءت إلى النبي صلى الله عليه وسلم فقالت: إن أمي نذرت أن تحج ولم تحج حتى ماتت أفأحج عنها؟ قال: نعم حجي عنها، أرأيت لو كان على أمك دين أكنت قاضيته؟ اقضوا الله، فالله أحق بالوفاءAnd complete the Hajj and 'umrah for Allah
وَأَتِمُّوا الْحَجَّ وَالْعُمْرَةَ لِلَّهِPerform Hajj on behalf of your father and perform Umrah.
حج عن أبيك واعتمرAnd success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.