Presenting the religion of Allah or the religion of people to the one who has a debt
Machine translationRead the Arabic original
The questioner:
I ask Allah for your sake, O Shaykh. Regarding the general prohibition: a man does not perform Hajj on behalf of a woman. Is the prohibition of a woman performing Hajj included in the prohibition of migration? If a woman is in a state of migration, and she is alone with no one to migrate with her, does she migrate alone from the abode of war to the abode of Islam? From which wealth does one perform Hajj on behalf of the one who has this debt?
The Shaykh:
From whose head? No. The man.
The questioner:
After paying off the debt or before?
The Shaykh:
Yes.
The questioner:
Do you mean performing Hajj from the original wealth, or after paying off the debt?
The Shaykh:
The debt. If the debt is large, it satisfies the creditors; this is the default ruling. Some said that Allah has the right to be paid first, as it was said that it does not take precedence. They say this based on the statement of the Messenger of Allah (peace and blessings be upon him): "Allah has the right to be paid first," in the narration of [name]. Allah has the right to be paid first. Some derived from this that the debt to Allah takes precedence over the debt to people.
Others said no; this is a matter of encouragement and caution, not that it takes precedence. Because the debt to Allah is based on leniency and mercy, whereas the debt between creatures is based on stinginess and miserliness. It should be noted that between them, either it is equal to the debt to Allah, or it takes precedence because of the stinginess and miserliness and lack of leniency. Unlike the debt to Allah, the Exalted and Majestic, the Generous, whose mercy prevails over His anger, and whose forgiveness prevails over His retribution, the Exalted and Majestic, so that He may punish whom He wills. The purpose is that the statement "Allah has the right to be paid first" is a matter of caution, and the prohibition with the preposition "ba" indicates that it takes precedence over the debt to people. Therefore, the one who has wealth and upon him is a debt.
And he did not perform Hajj while having debts. The scholars stated that this is not correct. But in the case of "Hajj for the one who is able to find a way," it is stated that the one with debts is not considered able. If the debt to Allah were more deserving, they would have said he should calculate it and set aside his share for Hajj. Rather, they mentioned that paying off debts takes precedence over Hajj, and one is not considered able unless there is a surplus with which he can perform Hajj.
I ask Allah for your sake, O Shaykh. Regarding the general prohibition: a man does not perform Hajj on behalf of a woman. Is the prohibition of a woman performing Hajj included in the prohibition of migration? If a woman is in a state of migration, and she is alone with no one to migrate with her, does she migrate alone from the abode of war to the abode of Islam? From which wealth does one perform Hajj on behalf of the one who has this debt?
The Shaykh:
From whose head? No. The man.
The questioner:
After paying off the debt or before?
The Shaykh:
Yes.
The questioner:
Do you mean performing Hajj from the original wealth, or after paying off the debt?
The Shaykh:
The debt. If the debt is large, it satisfies the creditors; this is the default ruling. Some said that Allah has the right to be paid first, as it was said that it does not take precedence. They say this based on the statement of the Messenger of Allah (peace and blessings be upon him): "Allah has the right to be paid first," in the narration of [name]. Allah has the right to be paid first. Some derived from this that the debt to Allah takes precedence over the debt to people.
Others said no; this is a matter of encouragement and caution, not that it takes precedence. Because the debt to Allah is based on leniency and mercy, whereas the debt between creatures is based on stinginess and miserliness. It should be noted that between them, either it is equal to the debt to Allah, or it takes precedence because of the stinginess and miserliness and lack of leniency. Unlike the debt to Allah, the Exalted and Majestic, the Generous, whose mercy prevails over His anger, and whose forgiveness prevails over His retribution, the Exalted and Majestic, so that He may punish whom He wills. The purpose is that the statement "Allah has the right to be paid first" is a matter of caution, and the prohibition with the preposition "ba" indicates that it takes precedence over the debt to people. Therefore, the one who has wealth and upon him is a debt.
And he did not perform Hajj while having debts. The scholars stated that this is not correct. But in the case of "Hajj for the one who is able to find a way," it is stated that the one with debts is not considered able. If the debt to Allah were more deserving, they would have said he should calculate it and set aside his share for Hajj. Rather, they mentioned that paying off debts takes precedence over Hajj, and one is not considered able unless there is a surplus with which he can perform Hajj.
Source
شرح بلوغ المرام [ ابن باز ] [ الشرح القديم ]، بداية من كتاب الحج — islamhouse.com (44:04)
The Arabic text is a machine transcription of the audio recording.