What is the ruling on one who died without having performed Hajj, while he was able to do so, and his school of jurisprudence permitted delaying Hajj?
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Eid Abbasi : If this person ... considered Hajj to be disliked.
The Shaykh : No, before you attach that condition, I only want to say: this person who died without performing Hajj because he delayed what was within his capability until it was no longer possible; he has contradicted a verse or a hadith, a verse and a hadith. As for the verse, it is the saying of Allah, Blessed and Exalted is He:[Ali 'Imran 3:133], meaning: hasten to the deeds that Allah has prescribed for you and made obligatory upon you, by which you deserve the forgiveness of your Lord. This is the meaning of the verse: meaning: to the causes of forgiveness. There is no doubt that Hajj is among the greatest causes by which the one who performs it deserves the forgiveness of Allah; due to His saying, peace and blessings be upon him, as in the hadith of al-Bukhari: Jami` at-Tirmidhi 933Sahih (Darussalam), and He said, peace and blessings be upon him: .
Therefore, hastening to Hajj is hastening to forgiveness. So the one who did not hasten to Hajj while he was able to has contradicted this noble verse, as he has also contradicted the noble hadith, which is His saying, peace and blessings be upon him:. At that time, as you know, the means of travel was mostly animals, and the most commonly used were camels, because they can bear hardships and long, distant distances. So the Messenger, peace and blessings be upon him, said: . You would have a she-camel or a male camel and prepare yourself to perform Hajj on it, and then one morning you would find it strayed or lost. So where is the means you saved up and delayed in using? The Messenger, peace and blessings be upon him, said: . So before the lost one is lost, hasten to perform Hajj on it to the House of Allah, the Sacred. And more than that, , you would be healthy and strong in build, able to perform Hajj this year, so you say: "I will, I will," and you procrastinate. Then the second year comes and you are sick and ill, unable to perform Hajj. Therefore, he said, peace and blessings be upon him: Mishkat al-Masabih 2523.
Therefore, the one who procrastinates in Hajj and delays it has contradicted the Book and the Sunnah. As for your question, if he held the school of jurisprudence that permits delaying Hajj; we answer with two answers:
First: It is not permissible for us to be an aid to error. If he held this view and died upon it, we do not issue a fatwa that contradicts the correct view in the school, which is hastening to perform Hajj.
And the other thing: those who permit delaying Hajj; does their statement mean that if he died due to the delay without performing Hajj, he dies without sin? I do not recall this now, but I consider it unlikely that they would say: he died without sin. So if they say, as we believe, that he died in a state of sin, then they have agreed with us. And if they contradict us, we are not obligated to issue them fatwas that contradict what we have and agree with what they have.
Eid Abbasi : ... If the one who holds our view, but the father’s intention was good ... .
The Shaykh : This is the answer, I have given you the answer.
The Shaykh : No, before you attach that condition, I only want to say: this person who died without performing Hajj because he delayed what was within his capability until it was no longer possible; he has contradicted a verse or a hadith, a verse and a hadith. As for the verse, it is the saying of Allah, Blessed and Exalted is He:
And hasten to forgiveness from your Lord and a garden as wide as the heavens and earth, prepared for the righteous
وَسَارِعُوا إِلَى مَغْفِرَةٍ مِنْ رَبِّكُمْ وَجَنَّةٍ عَرْضُهَا السَّمَاوَاتُ وَالْأَرْضُ أُعِدَّتْ لِلْمُتَّقِينَHasten to forgiveness
سَارِعُوا إِلَى مَغْفِرَةٍHasten to forgiveness
سَارِعُوا إِلَى مَغْفِرَةٍfor A1-Hajj Al-Mabrur there is no reward except Paradise.
الحجُّ المبرور ليس له جزاءٌ إلا الجنةWhoever performs Hajj and does not commit lewdness or sin comes out of his sins as on the day his mother bore him
مَن حجَّ فلم يرفث ولم يفسق خرج من ذنوبه كيوم ولدته أمهTherefore, hastening to Hajj is hastening to forgiveness. So the one who did not hasten to Hajj while he was able to has contradicted this noble verse, as he has also contradicted the noble hadith, which is His saying, peace and blessings be upon him:
Whoever intends to perform Hajj, let him hasten; for the lost one may be lost, and the sick one may fall ill
مَن أراد الحج فليعجِّل ؛ فقد تضِلُّ الضالة ، ويمرض المريضFor the lost one may be lost
فقد تضلُّ الضالةFor the lost one may be lost
فقد تضلُّ الضالةAnd the sick one may fall ill
يمرض المريضHe who intends to perform the pilgrimage should hasten to do so
مَن أراد الحج فليعجِّلTherefore, the one who procrastinates in Hajj and delays it has contradicted the Book and the Sunnah. As for your question, if he held the school of jurisprudence that permits delaying Hajj; we answer with two answers:
First: It is not permissible for us to be an aid to error. If he held this view and died upon it, we do not issue a fatwa that contradicts the correct view in the school, which is hastening to perform Hajj.
And the other thing: those who permit delaying Hajj; does their statement mean that if he died due to the delay without performing Hajj, he dies without sin? I do not recall this now, but I consider it unlikely that they would say: he died without sin. So if they say, as we believe, that he died in a state of sin, then they have agreed with us. And if they contradict us, we are not obligated to issue them fatwas that contradict what we have and agree with what they have.
Eid Abbasi : ... If the one who holds our view, but the father’s intention was good ... .
The Shaykh : This is the answer, I have given you the answer.
Source
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