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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Hajj on behalf of another for one who is unable, and its priority over debt

Machine translationRead the Arabic original
The questioner:
One who cannot perform Hajj except while being carried on a stretcher, does he perform Hajj or not? Yes. You did not mention that his father had the means to perform Hajj; is he able to perform it with that? It is obligatory for him, even if it is not obligatory. It is a financial matter. And its correction is that he is always able, so let him pray for his servants. I seek forgiveness from Allah.

The Shaykh:
So, perform the Hajj and respect it. Of course. The ability from the side of money, so the Prophet (peace and blessings be upon him) stated it generally and did not restrict it; because she knew that she would perform it on his behalf only, so he said, "So I came," and he did not take the devil, so this indicates that she performs it on his behalf absolutely, even if he does not have the means to perform it on his behalf, there is no harm, but this is obligatory, it is recommended, her performing Hajj on behalf of her father is not obligatory upon her,

The questioner:
The one who had financial ability.

The Shaykh:
He has a debt upon him, he can return to others, the important thing is that sincerity aims at performing Hajj on his behalf absolutely,

The questioner:
We have a dispute.

The Shaykh:
So that indicates that performing Hajj on behalf of another is absolute, whether he is poor or not poor. As for his saying it is obligatory upon him or it is not obligatory upon him, this is from the other evidences, so from the other evidences that indicate the obligation of Hajj on one who is able, yes.

The questioner:
But it does not become obligatory upon her to make up the missed act.

The Shaykh:
Bye bye.

The questioner:
If it is not obligatory upon him.

The Shaykh:
That someone else from the city performs it on his behalf.

The questioner:
If he does not find anyone else.

The Shaykh:
It does not claim against you. Yes. It does not claim against you.

The questioner:
Do you have Ali with you?

The Shaykh:
It is not that you must love it, and he did not say it is obligatory upon you, and the rule is as the one who said, you find the one who says, the other one indicates. Yes.

The questioner:
Meaning it remains if what is obligatory upon you is not found until he finds it.

The Shaykh:
If it is possible to find it, or otherwise it is not possible to substitute. Yes.

The questioner:
Which money performs Hajj for the one who.

The Shaykh:
Take the salary.

The questioner:
After paying off the debt or before the debt.

The Shaykh:
Yes.

The questioner:
Meaning, is the Hajj from the original money or after paying off the house?

The Shaykh:
The debt, if the debt prevents the creditors, this is the original ruling. Some said the right of Allah is by paying it off, as the Prophet (peace and blessings be upon him) said, by paying it off, some derived from this that the right of Allah is prioritized over the right of people, and others said no, this is from the chapter of encouragement and determination, and not from the chapter of prioritizing it; because the right of Allah is based on tolerance and compassion, so this is between the created beings, between guidance and stinginess, it should be noted that their debt is either equal to the debt of Allah, or it is prioritized, because perhaps the contention and stinginess and lack of tolerance is unlike the debt of Allah, between Him (Glorified and Exalted is He) is the noble pardon, His mercy has overcome His wrath, and His pardon has overcome His retribution (Glorified and Exalted is He), the matter, and Allah knows best.
Then he shortened it, and his saying that it is not right to pay it off is from the chapter of the limit, that it is prioritized over the debt of people, and for this reason, the scholars stated that the one who has money and has not performed Hajj and has debts is not among the able ones, he falls under the one who is able to perform Hajj upon him by a path, and that the one who has a debt is not able, so if the right of Allah were more worthy, they would say he performs it and pays his share for Hajj, rather they mentioned that paying off their debts is prioritized over Hajj, and let him be able only by the existence of a surplus with which he can perform Hajj. Yes.
Source شرح بلوغ المرام [ ابن باز ] [ الشرح القديم ]، بداية من كتاب الحج — islamhouse.com (40:08)

The Arabic text is a machine transcription of the audio recording.

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