My father passed away about twenty years ago and did not perform the obligatory Hajj. He left a small estate that shrank considerably when it was divided among the heirs, and my brother wants to
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The questioner : This is a message from a listener, A.A.A., from Iraq. He sent a message saying, “My father passed away about twenty years ago and did not perform the obligatory Hajj. He left a small estate that shrank considerably when it was divided among the heirs. My brother wants to perform Hajj on his behalf, even though his financial means are very limited, and he has a house, a wife, and children. I told him, ‘It is not obligatory for you to perform Hajj on his behalf because you are unable to do so.’ Is what I said correct, or is there a sin on me for saying it? I intend to perform Hajj on his behalf when my financial circumstances improve.”
The Shaykh : Yes. If your father was unable to perform Hajj during his lifetime because the money he had was not sufficient for him, or did not exceed his living expenses and the payment of his debts, then Hajj was not obligatory upon him, and his conscience is clear of it, based on the saying of Allah the Exalted:[Ali 'Imran 3:97] But if your father was able to perform Hajj during his lifetime because he had surplus dirhams beyond his needs, or because he had extra dirhams beyond his needs and the payment of his debts, then it is obligatory for you to perform Hajj on his behalf from his estate. This is because Hajj becomes a debt in his conscience, taking precedence over bequests and inheritance, based on the saying of Allah the Exalted in the verses of inheritance: [An-Nisa 4:11] It is also established from the Prophet (peace and blessings be upon him) that he ruled that debts are paid before bequests.
As for if one of you wants to perform Hajj on his behalf voluntarily, there is no harm in that. However, this must not be at the expense of his own maintenance and the maintenance of his children. If the money he has is little and does not exceed his needs, then he should not perform Hajj on behalf of his father. Because if he himself had not performed Hajj, it would not have been obligatory upon him, so how can he perform it on behalf of someone else?
You can benefit your father, if you wish, by seeking forgiveness for him and supplicating for him with mercy and pleasure [from Allah]. Indeed, that will benefit him if Allah accepts it from you.
The questioner : May Allah reward you with good.
The Shaykh : Yes. If your father was unable to perform Hajj during his lifetime because the money he had was not sufficient for him, or did not exceed his living expenses and the payment of his debts, then Hajj was not obligatory upon him, and his conscience is clear of it, based on the saying of Allah the Exalted:
And [due] to Allah from the people is a pilgrimage to the House - for whoever is able to find thereto a way
ولله على الناس حج البيت من استطاع إليه سبيلاafter any bequest he [may have] made or debt
من بعد وصية يوصى بها أو دينAs for if one of you wants to perform Hajj on his behalf voluntarily, there is no harm in that. However, this must not be at the expense of his own maintenance and the maintenance of his children. If the money he has is little and does not exceed his needs, then he should not perform Hajj on behalf of his father. Because if he himself had not performed Hajj, it would not have been obligatory upon him, so how can he perform it on behalf of someone else?
You can benefit your father, if you wish, by seeking forgiveness for him and supplicating for him with mercy and pleasure [from Allah]. Indeed, that will benefit him if Allah accepts it from you.
The questioner : May Allah reward you with good.