Is it permissible for a son to perform Hajj on behalf of his father who was not able to perform Hajj during his lifetime?
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The questioner : Regarding the same question.
The questioner : The same question.
The Shaykh : Please, but don't ask questions like that; let the professor finish the answer later.
The questioner : ... The one who died was not able to perform Hajj, for example.
The Shaykh : How?
The questioner : If the deceased was not able to perform Hajj, for example due to poverty or incapacity, then it is permissible for his guardian...
The Shaykh : This has already been answered implicitly.
The questioner : He said, "If he was able but did not perform Hajj, what is the question?"
The Shaykh : Yes, but implicitly, when we repeated it with the condition of inability, the opposite is understood entirely.
The questioner : May Allah reward you with good.
The Shaykh : I am answering you now as you are — laughter.The Shaykh : (may Allah have mercy on him) -
I say: Yes, if one of the parents dies and Hajj was not obligatory upon them at all, with this restriction, be careful.
If one of the parents dies and Hajj was not obligatory upon them at all after reaching the age of puberty, then the son may perform Hajj on his behalf. Rather, I ask you to pay attention: rather, the son must perform Hajj on his behalf. What is the difference?
The questioner : This is obligatory.
Another questioner : It is obligatory upon the son.
The Shaykh : ... May Allah guide you.
The questioner : I am sorry.
Another questioner: ... .
The Shaykh : If one of the parents dies and Hajj was not obligatory upon them at all after reaching the age of puberty, then the son must perform Hajj on his behalf. Why? Because the Prophet (peace and blessings be upon him) ordered the woman from Khath'am when she said: "O Messenger of Allah, my father is an old man who cannot stay on a mount. Hajj has become obligatory upon him, so should I perform Hajj on his behalf?" He (peace and blessings be upon him) said: And in another narration, "Do you think" or in another narration, "Do you think" because there is a disagreement regarding whether the questioner is a man or a woman.The questioner : A man or a woman Sunan al-Bayhaqi 4:26 She said: "Yes." He said: Sunan Abi Dawud 3310Sahih (Al-Albani) But I ask you to pay attention here, because some later jurists, and perhaps some earlier ones, reversed the implication of the hadith. They did so regarding prayer, as you know in the chapter of making up missed prayers, in many books of jurisprudence. They hold that if a man dies with broken prayers upon him that he did not make up completely, some say his son makes them up, and some, who are the majority, say no, he does not make them up. Some of this majority said to make up the expiation. You may have heard of this, but we will not dwell on it. They gather money and calculate how many prayers and how many years he did not pray. For example, they calculate one year as three hundred and sixty-five days, and all days as five, and it comes out to whatever Allah wills. And they calculate a mudd of wheat for each prayer, etc.
This is, of course, a Hanafi innovation, and Imam Abu Hanifa is innocent of it; it only occurred after him. In conclusion, prayer is not made up except for the excuse of forgetfulness and sleep. As for Hajj, some of these later scholars said, "The debt of Allah is more deserving of being paid off." A man who was the first upon whom Hajj became obligatory and did not perform it, and he died with a debt upon him—this is not the one who dies with a debt. The one who dies with a debt is the one who has an excuse, and this one has no excuse. Therefore, the hadith says, "The one who cannot stay on a mount"—this one has an excuse. So the Messenger (peace and blessings be upon him) considered this excuse a debt upon the son to make up for his father, and not even for one who leaves Hajj without what? Without an excuse. That is the first case, and we have answered it. As for this one, it is the evidence for the one who has an excuse, upon whom Hajj was obligatory but he was unable to perform it. Thus, it is obligatory for his son to perform Hajj on his behalf. Yes?
The questioner : The same question.
The Shaykh : Please, but don't ask questions like that; let the professor finish the answer later.
The questioner : ... The one who died was not able to perform Hajj, for example.
The Shaykh : How?
The questioner : If the deceased was not able to perform Hajj, for example due to poverty or incapacity, then it is permissible for his guardian...
The Shaykh : This has already been answered implicitly.
The questioner : He said, "If he was able but did not perform Hajj, what is the question?"
The Shaykh : Yes, but implicitly, when we repeated it with the condition of inability, the opposite is understood entirely.
The questioner : May Allah reward you with good.
The Shaykh : I am answering you now as you are — laughter.The Shaykh : (may Allah have mercy on him) -
I say: Yes, if one of the parents dies and Hajj was not obligatory upon them at all, with this restriction, be careful.
If one of the parents dies and Hajj was not obligatory upon them at all after reaching the age of puberty, then the son may perform Hajj on his behalf. Rather, I ask you to pay attention: rather, the son must perform Hajj on his behalf. What is the difference?
The questioner : This is obligatory.
Another questioner : It is obligatory upon the son.
The Shaykh : ... May Allah guide you.
The questioner : I am sorry.
Another questioner: ... .
The Shaykh : If one of the parents dies and Hajj was not obligatory upon them at all after reaching the age of puberty, then the son must perform Hajj on his behalf. Why? Because the Prophet (peace and blessings be upon him) ordered the woman from Khath'am when she said: "O Messenger of Allah, my father is an old man who cannot stay on a mount. Hajj has become obligatory upon him, so should I perform Hajj on his behalf?" He (peace and blessings be upon him) said:
Perform Hajj on his behalf.
حجي عنهDo you think that if your father had a debt, you would pay it off on his behalf?
أرأيتِ إن كان على أبيك دين أكنت تقضينه عنه ؟the debt due to Allah is the one which most deserves to be paid
دين الله أحق أن يقضىThis is, of course, a Hanafi innovation, and Imam Abu Hanifa is innocent of it; it only occurred after him. In conclusion, prayer is not made up except for the excuse of forgetfulness and sleep. As for Hajj, some of these later scholars said, "The debt of Allah is more deserving of being paid off." A man who was the first upon whom Hajj became obligatory and did not perform it, and he died with a debt upon him—this is not the one who dies with a debt. The one who dies with a debt is the one who has an excuse, and this one has no excuse. Therefore, the hadith says, "The one who cannot stay on a mount"—this one has an excuse. So the Messenger (peace and blessings be upon him) considered this excuse a debt upon the son to make up for his father, and not even for one who leaves Hajj without what? Without an excuse. That is the first case, and we have answered it. As for this one, it is the evidence for the one who has an excuse, upon whom Hajj was obligatory but he was unable to perform it. Thus, it is obligatory for his son to perform Hajj on his behalf. Yes?
Source
www.al-albany.com
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