Ruling on performing Hajj on behalf of one who died while on his way to Hajj
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Question:
My father had intended to perform the obligatory Hajj, and in the middle of the journey he died in a car accident. Is he considered a pilgrim? Or are we required to perform Hajj on his behalf?
Answer:
If he died before entering the state of ihram, the Hajj remains; if he was able to perform Hajj and left an estate, then you must perform Hajj on his behalf from his estate. If he was wealthy and could afford Hajj in his lifetime, then you must perform Hajj on his behalf. And if some of you perform Hajj on behalf of your father as a voluntary act, may Allah reward you with good.
As for if he died after entering the state of ihram for Hajj, then he owes nothing; because when some of the Companions died at 'Arafah, the Messenger of Allah (peace and blessings be upon him) said:Sunan an-Nasa'i 2713 and he did not order Hajj to be performed on their behalf, but rather he said: This indicates that he remains in his state of ihram and that no one is obligated to perform Hajj on his behalf. The one who dies after entering ihram is the same as the one who dies at 'Arafah; it is not obligatory to perform Hajj on his behalf. So if someone performs Hajj on his behalf as a voluntary act and for the sake of good, there is nothing wrong with it.
The presenter: May Allah bless you. If the accident happened before he entered the state of ihram, Your Eminence the Shaykh?
The Shaykh: This is like what was mentioned before: perform Hajj on his behalf. If he was wealthy, perform it from his money. And if he was poor, there is no Hajj required of him. But if some of his relatives or some of his children perform Hajj on his behalf, that is good.
The presenter: May Allah reward you with good.
My father had intended to perform the obligatory Hajj, and in the middle of the journey he died in a car accident. Is he considered a pilgrim? Or are we required to perform Hajj on his behalf?
Answer:
If he died before entering the state of ihram, the Hajj remains; if he was able to perform Hajj and left an estate, then you must perform Hajj on his behalf from his estate. If he was wealthy and could afford Hajj in his lifetime, then you must perform Hajj on his behalf. And if some of you perform Hajj on behalf of your father as a voluntary act, may Allah reward you with good.
As for if he died after entering the state of ihram for Hajj, then he owes nothing; because when some of the Companions died at 'Arafah, the Messenger of Allah (peace and blessings be upon him) said:
for he will be raised on the Day of Resurrection reciting the Talbiyah
إنه يبعث يوم القيامة ملبيًاWash him with water and sidr, and shroud him in his two garments, and do not embalm him—meaning: do not perfume him—and do not cover his head and face; for he will be raised on the Day of Resurrection in the state of talbiyah.
اغسلوه بماء وسدر وكفنوه في ثوبيه ولا تحنطوه -يعني: لا تطيبوه- ولا تخمروا رأسه ووجهه؛ فإنه يبعث يوم القيامة ملبيًاThe presenter: May Allah bless you. If the accident happened before he entered the state of ihram, Your Eminence the Shaykh?
The Shaykh: This is like what was mentioned before: perform Hajj on his behalf. If he was wealthy, perform it from his money. And if he was poor, there is no Hajj required of him. But if some of his relatives or some of his children perform Hajj on his behalf, that is good.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.