I paid money to someone to perform Hajj on my behalf, but he returned it because he was unable to do so due to the permits. Is it permissible for me to benefit from this money?
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Question:
He says: Honorable Shaykh, may Allah grant you success. I paid four men to perform Hajj with the money, but they were unable to perform Hajj because the permits had expired, so they returned the money to me. His question is: Is it permissible for me to benefit from this money that was returned to me, or is it an endowment (waqf) such that it is not permissible for me to benefit from it?
Answer:
As long as the transaction was carried out, it remains your property. Since it did not leave your ownership, you may benefit from it. Yes.
He says: Honorable Shaykh, may Allah grant you success. I paid four men to perform Hajj with the money, but they were unable to perform Hajj because the permits had expired, so they returned the money to me. His question is: Is it permissible for me to benefit from this money that was returned to me, or is it an endowment (waqf) such that it is not permissible for me to benefit from it?
Answer:
As long as the transaction was carried out, it remains your property. Since it did not leave your ownership, you may benefit from it. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1981 -3022] دفعت مالا لمن يحج عني فأرجعه ولم يستطع بسبب التصاريح، فهل يجوز أن انتفع بهذا المال؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.