A man who was able to perform Hajj died without performing it; do his heirs perform Hajj on his behalf?

Abu Malik: A man was able to perform Hajj but did not, and he died. Do the heirs, or for example his sons, perform Hajj on his behalf?

The Shaykh : If it was obligatory upon him to perform Hajj, meaning he was able to perform it but did not, then no one can perform Hajj on his behalf. There is a correct report (athar) from 'Abdullah ibn 'Umar ibn al-Khattab (may Allah be pleased with him) that says, "No one performs Hajj on behalf of another, and no one fasts on behalf of another." Imam Malik narrated this in al-Muwatta with a sound chain. I began with this correct report because of its clarity on the subject. It is derived from texts in the Book and the Sunnah. Among them is the saying of Allah, Blessed and Exalted is He: A person is commanded to perform an obligatory duty, such as the obligation of Hajj, fasting, or prayer, or something similar. If he was able to do all of that but did not, it means he did not purify himself by performing these obligations. And Allah, Mighty and Majestic, says: So then, who will purify him after certainty has come to him and he has moved to the mercy of the Lord of the Worlds, or to His painful punishment, according to what Allah, Mighty and Majestic, wills to treat him with? Who will purify him? Therefore, that noble Companion said, "No one performs Hajj on behalf of another, and no one fasts on behalf of another." This applies to obligatory duties. So, a man who died without performing the obligatory Hajj that was required of him, none of his sons can perform Hajj in his place, let alone what came in the question, which is broader than what I said. That is, no one from his descendants can perform Hajj for him. There may be a brother among the descendants, or a wife, and so on.
If the son cannot perform Hajj on behalf of his father, then a fortiori, one who is further from this father than his son cannot do so. Here, one might ask: How is it said, "No one fasts on behalf of another," when the Messenger of Allah (peace and blessings be upon him) says in the authentic hadith: This seems to contradict what I just said. The answer is that the hadith refers to one who died with a vow of fasting upon him, not the fasting of an obligatory duty. That is, he made a vow for himself, a vow that Allah, Mighty and Majestic, did not obligate upon him, except that he obligated this fasting upon himself. This is what the guardian of the deceased can fast on his behalf. Where did we take this restriction from?
Here is an issue related to a principle in the principles of jurisprudence, which is, "The narrator is more aware of his narration than others." The narrator of the hadith is more aware of his narration than others. This principle, O students of knowledge, if you understand it and it becomes firmly established in your minds, will help you understand some of the disputed issues among scholars correctly. The narrator of the hadith from the Messenger of Allah (peace and blessings be upon him), and indeed the narrator from a Companion of the Messenger of Allah (peace and blessings be upon him), and so on, descending until the hadith is classified from the first narrator, who is the Companion, then the Tabi'i, then the Tabi' al-Tabi'in, then the followers of this Tabi'i, and so on. This principle covers all these categories: "The narrator is more aware of his narration than others." Here we begin with the first narrator. This hadith was narrated by two noble Companions, one of whom is 'A'ishah (may Allah be pleased with her) and the other is 'Abdullah ibn 'Abbas (may Allah be pleased with them both). These two narrators understood the hadith as referring to the fasting of a vow. So, the narrator is more aware of his narration than others. I do not want to lengthen the answer, but I also want to give an example of a lower narrator, not a Companion, but a Tabi'i. You undoubtedly hear a hadith that most scholars of knowledge today are far from understanding correctly—I do not say they understand it correctly, and it is correct, but I say they understood the hadith contrary to the understanding of the narrator from the Companion. Excuse me, this understanding from this Companion, from this narrator from the Companion, is the correct one.
What is the hadith? The hadith of 'Abdullah ibn Mas'ud (may Allah be pleased with him), who said, "The Messenger of Allah (peace and blessings be upon him) prohibited two sales in one sale." Two sales in one sale. The merchants of the end times fall into violating this hadith and what is similar to it. Perhaps our brothers, whom the call to the truth, the Book and the Sunnah, and the methodology of the righteous Salaf has gathered with us, listen now to the righteous Salaf. Ibn Mas'ud says, "The Messenger of Allah (peace and blessings be upon him) prohibited two sales in one sale." The narrator of this hadith from Ibn Mas'ud was asked, "What are two sales in one sale?" He said, "That you say, I sell you this for such-and-such cash, and for such-and-such on credit." This is today's installment sale, but the names differ. In my knowledge, and Allah knows best, the installment sale came to us from the lands of disbelief and misguidance when these lands were colonized. The installment sale involves selling on credit, as it was in the past. But the organized installment sale, with what is called checks and so on, is a disbelieving European product. It was prohibited to have two sales in one sale. Sammak ibn Harith, the narrator of this hadith from Ibn Mas'ud, said, "What are two sales in one sale?" He said, "That you say, I sell you this for such-and-such cash, for example, one hundred cash, and one hundred and five dinars on credit." He said, "The Messenger, peace be upon him, prohibited this." If we want to interpret the hadith other than this interpretation, and this is known from some of the later scholars, we say to them first: the narrator of the hadith is more aware of his narration than others. How is this? Does it enter the mind of a student of knowledge, a true student of knowledge, that the Companions of the Prophet (peace and blessings be upon him), when they heard the hadith from the Messenger of Allah (peace and blessings be upon him), and suppose one of them... May Allah have mercy on you.
Suppose one of them heard the hadith and did not understand its meaning, its implication, and its jurisprudence. Would he not turn to the Messenger of Allah (peace and blessings be upon him) with a question, or would he keep that ignorance in himself and narrate the hadith without clarifying it from him? I think I am the first to believe that this is impossible for a Companion to hear the hadith from the Messenger of Allah (peace and blessings be upon him) and not understand its apparent implication, and then not ask the Messenger, peace be upon him. This is impossible.
So, it is said that what we said about the Companion applies to the one who received this hadith from the Companion. Here, Sammak ibn Harith heard the hadith from Ibn Mas'ud. The same previous question applies. Do you think that Sammak ibn Harith, the Tabi'i, when he heard the hadith from Ibn Mas'ud, "It is prohibited to have two sales in one sale," did not understand it? He is one of two people: either he understood it, or he did not understand it. If he understood it, there is no need to ask. If he did not understand it, he will ask, just as the Companion does. And so on. So, if we hear the Tabi'i narrating this hadith from the Companion, and the Tabi'i is asked, "What is the meaning of this hadith?" He says, "That you sell this thing for such-and-such cash and such-and-such on credit." This is how the hadith should be understood. The narrator is more aware of his narration than others.

The questioner : Yes.

The Shaykh : If that is the case, I feel that I have scattered things. Where was the topic?

The questioner : Hajj.

The Shaykh : Hajj. Does one perform Hajj? Does one perform Hajj on behalf of another? Ibn 'Umar said. Take your time, I am gathering my thoughts now.
Does one perform Hajj on behalf of another? He said: No. And does one fast on behalf of another? He said: No. There is a hadith there that may be confusing to some, which is We said this was narrated by 'A'ishah and Ibn 'Abbas, and they interpreted this fasting that the Messenger, peace be upon him, commanded the guardian of the deceased to fast on his behalf as the fasting of a vow.
Do not ask yourselves, or say, "Where does this come from?" The hadith is general. We say, the narrator is more aware of his narration than others. And based on that, measure things, and you will be at ease in understanding many texts if you keep this in mind. Yes?
Abu Malik: Measure things and you will be at ease.

The Shaykh : Yes?
Abu Malik: Measure things and you will be at ease.

The Shaykh : You will be at ease.
Abu Malik: You are not at ease, O our Shaykh.

The Shaykh : Are you at ease?
Abu Malik: You are not at ease, you will be at ease.

The Shaykh : No, I say you will be at ease. Measure things and you will be at ease. Yes, the answer to the condition means yes. But I want to ask you linguistically, is it permissible or not?
Abu Malik: Linguistically?

The Shaykh : Yes.
Abu Malik: I don't think so.

The Shaykh : Affirming the alif, yes, it is permissible.
Abu Malik: I don't think so, O Shaykh. The answer to the request.

The Shaykh : Yes, it is jussive (mudari majzum).
Abu Malik: It is jussive, but...

The Shaykh : It is jussive, but for them... that the jussive sometimes retains the nun.
Abu Malik: I don't know this, by Allah, I don't know.

The Shaykh : I reviewed it, we reviewed this.
Abu Malik: Okay, your command, later.

The Shaykh: Go ahead.
Abu Malik: If you please, no, no, if you please, you go ahead.

Another questioner : A simple inquiry, but about the same topic, about the same topic.

The questioner : The same topic.

Another questioner : His saying, Exalted is He:

The questioner :

Another questioner Is it not possible to say that a son or daughter is the result of the effort of their child, the effort of their father, and his toil? Is it not possible to consider the son as the result of the father's effort and toil?

The Shaykh : No, I do not think it is possible to say that, and I think the first one to object is you. So ask yourself: is it possible? Say it is possible.

Another questioner : You may

The Shaykh : Look, what is going to come to you now? -laughterThe Shaykh : (may Allah have mercy on him) -
Abu Malik: You stay firm, my son.

Another questioner : No, it is just an inquiry...

The Shaykh : No problem.
Abu Malik: Okay, our Shaykh, may Allah preserve you.

The Shaykh : Okay, as you wish.
Abu Malik: I mean... with the questions.

The Shaykh : Go ahead, what do you have? What do you want to say?
Abu Malik: No, I am finishing, we are done, but I mean...

The Shaykh : Please go ahead.
Abu Malik: Okay, let us ask here.

The Shaykh : Yes.
Abu Malik: ...

The Shaykh : There is still time.

The questioner : ... .