If a person is unable to perform Hajj and dies while still unable, does his son’s ability obligate the son to perform Hajj on his father’s behalf?
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The Shaykh : The questioner says: If a person is unable to perform Hajj and dies while still unable, does his son’s ability obligate the son to perform Hajj on his father’s behalf?
Answer: Yes, and this is explicit in the hadith of al-Khath'amiah, where she described her father as having reached the age of Hajj, but he was an old man who could not stay mounted on a riding animal. She said: Should I perform Hajj on his behalf? He (peace be upon him) said:. In some of the hadiths: Sunan al-Bayhaqi 4:26. She said: Yes. He (peace be upon him) said: Sunan Abi Dawud 3310Sahih (Al-Albani).
However, it must be noted what is stated in the question in the hadith, and in the question here; that is: he is unable, the father is unable to perform Hajj; meaning that in the context of the hadith, when Hajj became obligatory, he was an elderly man who could not perform Hajj. Regarding what might be asked about today: a man reaches a certain age and then dies, and he was unable to perform Hajj; either due to a lack of money or strength and health, or any of the reasons that make Hajj obligatory; he was unable to perform Hajj in the sense that Hajj was not obligatory upon him, like this. If he died and Hajj was not obligatory upon him—that is, he was unable to perform Hajj—and he has a child, even if it is a female, and she is able to perform Hajj; then she must perform Hajj, based on the aforementioned hadith of al-Khath'amiah.
Answer: Yes, and this is explicit in the hadith of al-Khath'amiah, where she described her father as having reached the age of Hajj, but he was an old man who could not stay mounted on a riding animal. She said: Should I perform Hajj on his behalf? He (peace be upon him) said:
Perform Hajj (the major pilgrimage) on his behalf.
حجِّي عنهDo you think that if your father had a debt, you would pay it off on his behalf?!
أرأيت إن كان على أبيك دَين ؛ أَفَكُنْتِ تقضينه عنه ؟!So the debt due to Allah is the one which most deserves to be paid.
فدَيْنُ الله أحقُّ أن يقضىHowever, it must be noted what is stated in the question in the hadith, and in the question here; that is: he is unable, the father is unable to perform Hajj; meaning that in the context of the hadith, when Hajj became obligatory, he was an elderly man who could not perform Hajj. Regarding what might be asked about today: a man reaches a certain age and then dies, and he was unable to perform Hajj; either due to a lack of money or strength and health, or any of the reasons that make Hajj obligatory; he was unable to perform Hajj in the sense that Hajj was not obligatory upon him, like this. If he died and Hajj was not obligatory upon him—that is, he was unable to perform Hajj—and he has a child, even if it is a female, and she is able to perform Hajj; then she must perform Hajj, based on the aforementioned hadith of al-Khath'amiah.
Source
www.al-albany.com
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