The ruling on the surplus money from acting as a proxy in Hajj
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His Eminence the Shaykh: Regarding acting as a proxy in Hajj when it is for a sum of money, what is the ruling on taking what exceeds the costs of Hajj, especially if the person who appointed the proxy knows this and has no objection?
The jurists (may Allah have mercy on them) said: If he gave him money and said: Perform Hajj with it.
Then it is for him, whether it is more or less,And if he gave him money and said: He performs Hajj from it.
So he returns the surplus to its owner; because (min) indicates partiality, but the common people do not make this distinction,And the equivalent of that among the common people is to say, for example: We rained with such-and-such a star,Then he does not distinguish by saying: We rained with such-and-such a star,And his statement: We rained in such-and-such a star,If you asked the common person: What do you mean when you say: We rained with such-and-such a star,He said its meaning is: That we rained at this time,Unlike the Arabs, who know the difference between: We rained with such-and-such a star, and we rained in such-and-such a star, and you know the hadith of Zayd ibn Khalid al-Juhani when the Messenger (peace and blessings be upon him) prayed the Fajr prayer with them at al-Hudaybiyah following a rain that had fallen from the night,He said: (Indeed, Allah says: Whoever says, "We rained with such-and-such a star," is a disbeliever in Me and a believer in the star) So the point is, if one gives money to perform Hajj with it and says: Perform Hajj with this.
Then it is for him, whether it is little or much,And if he said: He performs Hajj from it.
So he takes what he needs and returns the rest, but the custom of people today is that they see that whoever takes this money to perform Hajj with it, it is all his, so he is not obligated to return it.
The jurists (may Allah have mercy on them) said: If he gave him money and said: Perform Hajj with it.
Then it is for him, whether it is more or less,And if he gave him money and said: He performs Hajj from it.
So he returns the surplus to its owner; because (min) indicates partiality, but the common people do not make this distinction,And the equivalent of that among the common people is to say, for example: We rained with such-and-such a star,Then he does not distinguish by saying: We rained with such-and-such a star,And his statement: We rained in such-and-such a star,If you asked the common person: What do you mean when you say: We rained with such-and-such a star,He said its meaning is: That we rained at this time,Unlike the Arabs, who know the difference between: We rained with such-and-such a star, and we rained in such-and-such a star, and you know the hadith of Zayd ibn Khalid al-Juhani when the Messenger (peace and blessings be upon him) prayed the Fajr prayer with them at al-Hudaybiyah following a rain that had fallen from the night,He said: (Indeed, Allah says: Whoever says, "We rained with such-and-such a star," is a disbeliever in Me and a believer in the star) So the point is, if one gives money to perform Hajj with it and says: Perform Hajj with this.
Then it is for him, whether it is little or much,And if he said: He performs Hajj from it.
So he takes what he needs and returns the rest, but the custom of people today is that they see that whoever takes this money to perform Hajj with it, it is all his, so he is not obligated to return it.