Is the Hajj of a person who has a debt valid?
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Al-Hawini: Your Eminence,The Shaykh : If a person has a debt and then goes to perform Hajj, does this conflict with the conditions of a blessed Hajj, where it is argued that it must be pure, meaning setting aside a sum of money for Hajj this year... the debt?
The Shaykh : This... haram money is not... what he set aside as money is haram money. But if this pilgrim has a debt that has come due, meaning he is obligated to pay it, and the creditor has not given him permission to perform Hajj, and he has the money with which he can fulfill the debt, and he says to the creditor, "I want to perform Hajj," then if the creditor gives him permission, there is no problem in his Hajj being prescribed, and the money is originally lawful. However, if the creditor has not given him permission, he falls into the violation of delaying payment, regarding which there are two hadiths. One is in the two Sahihs, which is the saying of the Prophet (peace and blessings be upon him):Musannaf Ibn Abi Shaybah 12:2433, and the other hadith is his saying (peace and blessings be upon him): Sunan Ibn Majah 2427Hasan (Darussalam); Layy: means the known delay in payment; al-Wajid: is the wealthy person; wealthy means he has the money with which he can pay off his debt. So he is a delayer, and you have heard in the first hadith the saying of the Prophet (peace and blessings be upon him): . So how can he perform Hajj while he is wronging his Muslim brother? But if he gives him permission, it is permissible. Likewise, if the due date has not yet arrived and he is able to pay after completing his Hajj, there is no harm in his performing Hajj, as long as he has lawful earnings. Yes. About this?
The questioner : About Hajj.
The Shaykh: Go ahead.
The Shaykh : This... haram money is not... what he set aside as money is haram money. But if this pilgrim has a debt that has come due, meaning he is obligated to pay it, and the creditor has not given him permission to perform Hajj, and he has the money with which he can fulfill the debt, and he says to the creditor, "I want to perform Hajj," then if the creditor gives him permission, there is no problem in his Hajj being prescribed, and the money is originally lawful. However, if the creditor has not given him permission, he falls into the violation of delaying payment, regarding which there are two hadiths. One is in the two Sahihs, which is the saying of the Prophet (peace and blessings be upon him):
Delaying payment by the wealthy is injustice, and whoever is referred to a solvent person should follow him.
مطل الغني ظلم ومن أحيل على مليء فليتبعIf one who can afford it delays repayment, his honor and punishment become permissible.
لَـيُّ الواجد يحل عرضه وعقوبتهDelaying the payment of a wealthy person is injustice.
مطل الغني ظلمThe questioner : About Hajj.
The Shaykh: Go ahead.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
