I am the guardian of young orphans who have money in my possession. Is it permissible for me to perform Hajj on behalf of their father using their money? Knowing that they desire this.
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The questioner : A questioner says: I am the guardian of young orphans who have money in my possession. Is it permissible for me to perform Hajj on behalf of their father using their money? Knowing that they desire this?
The Shaykh : It is not permissible for him to do so, meaning: it is not permissible to perform Hajj from the orphans' money for their father. Any voluntary act, it is not permissible to spend the orphans' money on it, except for one thing, which is the 'Id sacrifice. If leaving off the 'Id sacrifice would break their hearts, then there is nothing wrong with buying them a sacrificial animal and sacrificing it for them.
The questioner : Their father has not performed the obligatory Hajj.
The Shaykh : If their father has not performed the obligatory Hajj, then they have no right to the inheritance, nor does anyone else, until the obligatory duty is performed on his behalf, because the obligatory duty is a debt, and a debt takes precedence over inheritance. Yes.
The Shaykh : It is not permissible for him to do so, meaning: it is not permissible to perform Hajj from the orphans' money for their father. Any voluntary act, it is not permissible to spend the orphans' money on it, except for one thing, which is the 'Id sacrifice. If leaving off the 'Id sacrifice would break their hearts, then there is nothing wrong with buying them a sacrificial animal and sacrificing it for them.
The questioner : Their father has not performed the obligatory Hajj.
The Shaykh : If their father has not performed the obligatory Hajj, then they have no right to the inheritance, nor does anyone else, until the obligatory duty is performed on his behalf, because the obligatory duty is a debt, and a debt takes precedence over inheritance. Yes.