A woman asks: My mother passed away three years ago and she did not perform Hajj. I want to perform Hajj on her behalf, but I am not married and I have not performed Hajj for myself.
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The questioner : This listener, 'Adil 'Abd Allah 'Umar, says that his mother passed away three years ago and did not perform the obligatory Hajj. He wants to perform the obligatory Hajj on her behalf, but he is not married and has not performed Hajj for himself. He asks if it is valid for him to perform Hajj for her. The matter is as described, so please issue a ruling on this. May Allah reward you with good.
The Shaykh : First, we must ask about this mother: Is Hajj obligatory upon her or not? It is not the case that Hajj is obligatory upon everyone who has not performed it, because one of the conditions for Hajj is that a person must have the wealth to perform it after fulfilling obligatory expenses and basic needs. So we ask: Did your mother have wealth that would enable her to perform Hajj?
If she did not have wealth that would enable her to perform Hajj, then Hajj is not obligatory upon her. One who does not have the wealth to perform Hajj does not have to perform it, just as a poor person who does not have wealth does not have to pay zakah. Some people have assumed that Hajj is obligatory in all circumstances and have held that if a person dies without performing Hajj, the Hajj remains a debt in his estate as an obligation. This assumption is wrong. A poor person does not have to perform Hajj, and if he dies, we do not say that he died leaving an obligation unfulfilled, just as if a poor person dies, we do not say that he died without paying zakah. Rather, we say that one who does not have wealth does not have to pay zakah.
So we ask first: Was your mother able to perform Hajj but did not do so until she died, or was she unable because she did not have wealth? If she was unable, then Hajj is not obligatory upon her. In that case, do not be anxious or distressed about it, because she died as if she had performed Hajj, as long as she was unable to perform it.
And in the first possibility, that she had wealth that would enable her to perform Hajj but she did not, Hajj is performed on her behalf from her estate, because that is a debt upon her. If that is not possible, as appears to be the case in the question, then it is not permissible for you to perform Hajj on her behalf until you have performed Hajj for yourself. This is based on the hadith of Ibn 'Abbas (may Allah be pleased with him) that a man was saying "Labbaik" on behalf of Shubrumah. The Prophet (peace and blessings be upon him) said: He said, "He is my brother or a relative." He said to him: He said, "No." He said: Sunan Abi Dawud 1811Sahih (Al-Albani) And because the Prophet (peace and blessings be upon him) said: Therefore, it is not permissible for you to perform Hajj on your mother's behalf until you have fulfilled the obligation for yourself. Then, if you have fulfilled the obligation for yourself and you are in dire need of marriage, prioritize marriage, because marriage is sometimes a necessity. Then, if it becomes easy for you to perform Hajj on your mother's behalf after that, perform it. Yes.
The questioner : May Allah bless you.
The Shaykh : First, we must ask about this mother: Is Hajj obligatory upon her or not? It is not the case that Hajj is obligatory upon everyone who has not performed it, because one of the conditions for Hajj is that a person must have the wealth to perform it after fulfilling obligatory expenses and basic needs. So we ask: Did your mother have wealth that would enable her to perform Hajj?
If she did not have wealth that would enable her to perform Hajj, then Hajj is not obligatory upon her. One who does not have the wealth to perform Hajj does not have to perform it, just as a poor person who does not have wealth does not have to pay zakah. Some people have assumed that Hajj is obligatory in all circumstances and have held that if a person dies without performing Hajj, the Hajj remains a debt in his estate as an obligation. This assumption is wrong. A poor person does not have to perform Hajj, and if he dies, we do not say that he died leaving an obligation unfulfilled, just as if a poor person dies, we do not say that he died without paying zakah. Rather, we say that one who does not have wealth does not have to pay zakah.
So we ask first: Was your mother able to perform Hajj but did not do so until she died, or was she unable because she did not have wealth? If she was unable, then Hajj is not obligatory upon her. In that case, do not be anxious or distressed about it, because she died as if she had performed Hajj, as long as she was unable to perform it.
And in the first possibility, that she had wealth that would enable her to perform Hajj but she did not, Hajj is performed on her behalf from her estate, because that is a debt upon her. If that is not possible, as appears to be the case in the question, then it is not permissible for you to perform Hajj on her behalf until you have performed Hajj for yourself. This is based on the hadith of Ibn 'Abbas (may Allah be pleased with him) that a man was saying "Labbaik" on behalf of Shubrumah. The Prophet (peace and blessings be upon him) said:
Who is Shubrumah?
من شبرمةHave you performed Hajj for yourself?
أحججت عن نفسكperform hajj on your own behalf, then perform it on behalf of Shubrumah.
حج عن نفسك ثم حج عن شبرمةStart with yourself.
ابدأ بنفسكThe questioner : May Allah bless you.