A man who was able to perform Hajj but did not, and then died; do his heirs perform Hajj on his behalf?
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Abu Malik: A man was able to perform Hajj but did not, and then died; do his heirs or, for example, his sons perform Hajj on his behalf?
The Shaykh : If it was obligatory upon him to perform Hajj; that is, he was able to perform it but did not, then no one can perform Hajj on his behalf. There is a sound report (athar) regarding this from 'Abdullah ibn 'Umar ibn al-Khattab (may Allah be pleased with him):As-Sunan al-Kubra lil-Nasa'i 13:486 It was narrated by Imam Malik in "al-Muwatta" with a sound chain. I began with this sound report because of its directness on the subject, and it is derived from texts in the Book and the Sunnah. Among these is the saying of Allah (Blessed and Exalted is He): [An-Najm 53:39]. If a person is commanded to perform an obligatory duty, such as the obligation of Hajj, fasting, or prayer, or something similar, and he was able to do all of that but did not, then the meaning of that is that he did not purify himself by performing these obligations. And Allah (Mighty and Majestic) says: . So at that time, who will purify him after certainty has come to him and he has moved to the mercy of the Lord of the Worlds, or to His painful punishment, according to what Allah (Mighty and Majestic) wills to treat him with? Who will purify him? [An-Najm 53:39]. Therefore, that noble Companion said: "No one performs Hajj on behalf of another, and no one fasts on behalf of another"; that is, this applies to obligatory duties. Therefore, a man who died without performing the obligatory Hajj that was made obligatory upon him, none of his children can perform Hajj in his place, let alone what came in the question, which is broader than what I said; that is, no one from his descendants can perform Hajj, for the descendants may include a brother, or a wife, and so on.
If the son cannot perform Hajj on behalf of his father, then a fortiori, one who is further from this father than his son cannot do so.
The Shaykh : If it was obligatory upon him to perform Hajj; that is, he was able to perform it but did not, then no one can perform Hajj on his behalf. There is a sound report (athar) regarding this from 'Abdullah ibn 'Umar ibn al-Khattab (may Allah be pleased with him):
No one performs Hajj on behalf of another, and no one fasts on behalf of another
لا يحجَّ أحدٌ عن أحد ، ولا يصوم أحدٌ عن أحدAnd that there is not for man except that [good] for which he strives
وَأَنْ لَيْسَ لِلْإِنْسَانِ إِلَّا مَا سَعَىAnd whoever purifies himself, it is only for his own soul that he purifies himself.
وَمَنْ تَزَكَّى فَإِنَّمَا يَتَزَكَّى لِنَفْسِهِAnd that there is not for man except that [good] for which he strives
وَأَنْ لَيْسَ لِلْإِنْسَانِ إِلَّا مَا سَعَىIf the son cannot perform Hajj on behalf of his father, then a fortiori, one who is further from this father than his son cannot do so.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
