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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Hajj on behalf of the deceased

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Fatwa number ( 13037 )
Q: We are a family that suffered a drowning accident in the Nile River, in which my father and my mother drowned and passed away, along with a sister who was only twenty-three years old, a sister who was only twenty years old, a sister who was fourteen years old, and a brother who was nine years old. There are some questions concerning them, and I hope you will inform me about them, may Allah reward you a thousand times for us. * My mother (may Allah have mercy on her) had previously performed Hajj, but she wanted to perform it again, and she passed away before she could do so. * My sisters (may Allah have mercy on them) did not perform the obligatory Hajj. Q1: So what is the best for my mother and my sisters (may Allah have mercy on them);
is it hiring someone to perform Hajj for them, or should we perform Hajj on their behalf, knowing that we want what brings reward and merit? Q2: My sister who was twenty-three when she passed away (may Allah have mercy on her) reached puberty when she was only thirteen, and she did not fast the month of Ramadan for two years. When we later learned that she had to fast and that an expiation was required, she began fasting the two months, but she was unable to complete them due to her death, knowing that she had intended (may Allah have mercy on her) to complete the fasting of the two months, and we do not know how much fasting remained for her. So what suffices for her, fasting or charity? Q3: My sister who was fourteen years old (may Allah have mercy on her) was born in 1396 AH on the 21st of Dhul-Hijjah, and she passed away on 16/1/1410 AH, meaning she passed away before completing a full month after entering her fourteenth year. She reached puberty seven months before her death, meaning she broke her fast for six days of Ramadan. So what must we do for her? Does she owe Hajj? Do we fast the six days she broke due to reaching puberty? If there is fasting or Hajj for my sisters or my mother, who among the relatives is it best for to perform it? Knowing that the survivors of the accident chose three brothers, all of whom are adults, capable, and of sound mind. Q4: When the accident happened, a bag containing my money drowned in the Nile with those who drowned. Among this money was a remaining amount of my zakat, which I had intended to give out in Egypt . So am I required
to pay zakat in place of the lost amount? Q5: My brother, who was only nine years old, does he need from us supplication, charity, Hajj, or 'Umrah? This is with great thanks to you.

A: First: It is obligatory to pay from the estate of your sisters who reached puberty, and to perform Hajj on behalf of each of them, and it is best that you perform Hajj yourselves on their behalf. Second: The Hajj your mother performed is sufficient for her, and a second Hajj is not obligatory on her merely by intention, and if you perform Hajj on her behalf, that is permissible. Third: It is permissible for you to fast on behalf of your sister who did not fast Ramadan for two years after reaching puberty, and to fast the number of days remaining as you believe is most likely, and to feed a poor person for each day for delaying the making up of the fast, since she was lax until she reached twenty-three. Likewise, it is permissible for you to fast on behalf of your younger sister the six days remaining from last Ramadan; because it is established that the Prophet (peace and blessings be upon him) said:
'A'isha (Allah be pleased with her) reported Allah's Messenger (ﷺ) as saying: If anyone dies in a state (that he had to complete) some fasts, his heir must fast on his behalf.من مات وعليه صيام صام عنه وليه
Sahih Muslim 1147
. Fourth: It is obligatory for you to pay zakat to the poor in place of the zakat that was lost in the river; because it did not reach its rightful recipients.
And 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.

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