A person who is able to perform Hajj with his wealth and his body, but every year says, "I will perform Hajj next year," out of negligence and laxity, and dies in this state: is it obligatory for his heirs to perform Hajj on his behalf?
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The questioner : A person who is able to perform Hajj with his wealth and his body, but every year says, "I will perform Hajj next year," out of negligence and laxity, and dies in this state: is it obligatory for his heirs to perform Hajj on his behalf with his money?
The Shaykh : The well-known view among most scholars is that it is obligatory to perform Hajj on his behalf with his money, because Hajj is a debt upon him. However, according to the view I prefer, which is that of the Shaykh al-Islam Ibn Taymiyyah, and which is very strong, as chosen by Ibn al-Qayyim (may Allah have mercy on him), and which is very strong, it is not performed on his behalf. Why? Because he delayed it intentionally. He (may Allah have mercy on him) mentioned that the principles of the Shari'ah necessitate this: that it is not performed on his behalf. If it is said, "This is refuted by the case of zakah: if one delays it out of negligence until he dies, it must be paid," the answer is that a human right is attached to zakah, and there are claimants for it, so it does not drop; it is paid to the human being, to its rightful recipient. The deceased is treated as one who did not pay it. Did you understand, Yahya?
The questioner : Yes, that is right.
The Shaykh : Very well.
The Shaykh : The well-known view among most scholars is that it is obligatory to perform Hajj on his behalf with his money, because Hajj is a debt upon him. However, according to the view I prefer, which is that of the Shaykh al-Islam Ibn Taymiyyah, and which is very strong, as chosen by Ibn al-Qayyim (may Allah have mercy on him), and which is very strong, it is not performed on his behalf. Why? Because he delayed it intentionally. He (may Allah have mercy on him) mentioned that the principles of the Shari'ah necessitate this: that it is not performed on his behalf. If it is said, "This is refuted by the case of zakah: if one delays it out of negligence until he dies, it must be paid," the answer is that a human right is attached to zakah, and there are claimants for it, so it does not drop; it is paid to the human being, to its rightful recipient. The deceased is treated as one who did not pay it. Did you understand, Yahya?
The questioner : Yes, that is right.
The Shaykh : Very well.