My mother gave my father seven thousand riyals and told him that if he performed Hajj on her behalf and took what he needed, she would forgive him the rest. Is this permissible?
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The questioner : My mother lent my father seven thousand riyals and told him: If you perform Hajj for me and take what you need, I will forgive you the rest. Is this permissible?
The Shaykh : Is it an obligation or a voluntary act?
The questioner : Voluntary prayer.
The Shaykh : By Allah, there is nothing wrong with it, but I think you should not do it. If she wants to be kind to him, she should forgive the debt without taking anything.
The questioner : He is the first, meaning he borrowed from her?
The Shaykh : I understand, but he cannot pay it back now, can he?
The questioner : Yes, he cannot.
The Shaykh : If she forgives him, may Allah reward her with good, since the Messenger (peace and blessings be upon him) said:Sunan ad-Darimi 18:58.
The questioner : But he does not perform Hajj?
The Shaykh : By Allah, I do not see this voluntary act, meaning the delegation for voluntary Hajj, as having any merit in my view. Because we tell a person: Either you perform Hajj yourself and do not let someone else perform it for you. You are not benefiting now; the pilgrim benefits in his circumambulation, walking, and standing, and you are as if you gave a person coins for a commodity you bought. For this reason, Imam Ahmad (may Allah have mercy on him) said in a narration from him: Delegation is not valid for voluntary acts in any case.
Glory be to You, O Allah, and praise be to You. I bear witness that there is no god but You. I seek Your forgiveness and turn to You in repentance.
The Shaykh : Is it an obligation or a voluntary act?
The questioner : Voluntary prayer.
The Shaykh : By Allah, there is nothing wrong with it, but I think you should not do it. If she wants to be kind to him, she should forgive the debt without taking anything.
The questioner : He is the first, meaning he borrowed from her?
The Shaykh : I understand, but he cannot pay it back now, can he?
The questioner : Yes, he cannot.
The Shaykh : If she forgives him, may Allah reward her with good, since the Messenger (peace and blessings be upon him) said:
Whoever gives respite to one who is in difficulty or relieves him, Allah will shade him in His Shade on the Day when there is no shade except His.
من أنظر معسراً أو وضع عنه أظله الله في ظله يوم لا ظل إلا ظلهThe questioner : But he does not perform Hajj?
The Shaykh : By Allah, I do not see this voluntary act, meaning the delegation for voluntary Hajj, as having any merit in my view. Because we tell a person: Either you perform Hajj yourself and do not let someone else perform it for you. You are not benefiting now; the pilgrim benefits in his circumambulation, walking, and standing, and you are as if you gave a person coins for a commodity you bought. For this reason, Imam Ahmad (may Allah have mercy on him) said in a narration from him: Delegation is not valid for voluntary acts in any case.
Glory be to You, O Allah, and praise be to You. I bear witness that there is no god but You. I seek Your forgiveness and turn to You in repentance.