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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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After fulfilling the obligatory duties, the prescribed financial obligations, and the basic needs

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The Shaykh : Then the author stipulated the obligation of the provisions and the mount, which is the lesson for tonight. He said: "After fulfilling the obligatory duties, the prescribed financial obligations, and the basic needs". These are three matters, meaning that one is not considered able and capable until these three matters are present. First, fulfilling the obligatory duties. The obligatory duties are everything that a person must pay, such as debts to Allah and to people, the obligatory maintenance for a wife or relatives, and expiations and vows. One must settle these things. So, if a person has money that would settle the debt, he cannot afford to perform Hajj. And if he performs Hajj, he will not have settled the debt. So, do we say this person is capable? No, he is not considered capable until after settling the debts, expiations, and the like. Now, if someone asks, "What if the creditor gives him permission to perform Hajj? Would he then be considered capable?" The answer is no, because the issue is not a matter of permission or lack of permission; the issue is whether the liability is occupied or not. It is well known that if the creditor gives the debtor permission to perform Hajj, his liability is not cleared of the debt; the debt remains in his liability. So, we say that Hajj is not obligatory on him at this time. Settle the debt first, then perform Hajj. And if you were to meet your Lord before performing Hajj, and the only thing preventing you from doing so was settling the debt, then you would meet your Lord with complete faith, because Hajj was not obligatory on you in this state. Just as zakah is not obligatory on the poor person, and if he were to meet his Lord, he would meet him in a state of complete Islam, so too is this debtor who does not have the money to settle the debt and perform Hajj; he meets his Lord in a state of complete Islam. Now, what some debtors do or think today, that the operative cause is the lack of permission from the creditor, has no reality and no basis. The operative cause is not that the creditor gives permission or does not give permission; the operative cause is that the liability remains occupied or is cleared. And it is well known that if he gives him permission to perform Hajj, does he become cleared of any part of the debt? Never. Now, if someone asks, "What if it was possible for him to perform Hajj..."
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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