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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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One who died without performing Hajj while in his forties, was able to perform Hajj, maintained the five daily prayers, and kept procrastinating, saying each year:

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The questioner : He says: One who died without performing Hajj while in his forties, was able to perform Hajj, maintained the five daily prayers, and kept procrastinating, saying each year: "I will perform Hajj this year," and then died, and he has heirs. Does someone perform Hajj on his behalf? And does he owe anything?

The Shaykh : The scholars differed on this. Some said that one should perform Hajj on his behalf, and that this would benefit him, being like one who performed Hajj for himself. Others said that one should not perform Hajj on his behalf, and that even if he performed Hajj on his behalf a thousand times, it would not be accepted, meaning his obligation would not be discharged.
This is the correct opinion, because this man left an obligatory act of worship that was required of him immediately without any excuse. So how can he neglect it, and then we impose it on him after his death?
Moreover, the estate is now subject to the rights of the heirs. How can we deprive them of the cost of this Hajj, which does not even suffice for its owner?
This is what Ibn al-Qayyim (may Allah have mercy on him) mentioned in *Tartib al-Sunan*. I say based on this: One who neglects Hajj despite his ability to perform it, his Hajj will never suffice for him, even if people perform Hajj on his behalf a thousand times.
As for Zakah, some scholars said that if he dies and Zakah is paid on his behalf, his obligation is discharged. However, the principle I mentioned requires that his obligation regarding Zakah is not discharged, and that he will be branded on his side, forehead, and back on the Day of Resurrection. But I see that Zakah should be paid from the estate, because the rights of the poor and those entitled to Zakah are attached to it. Unlike Hajj, which is not taken from the estate because no person's right is attached to it, whereas a person's right is attached to Zakah. So Zakah is paid to its recipients, but it does not suffice for its owner. He will be punished for it as one who did not pay Zakah. We ask Allah for safety.
Similarly, regarding fasting, if it is known that this man left fasting and neglected making up the missed fasts, then fasting is not made up on his behalf, because he neglected and left this act of worship, which is a pillar of Islam, without any excuse. So even if it were made up on his behalf, it would not benefit him.
As for his saying (peace and blessings be upon him):
'A'isha (Allah be pleased with her) reported Allah's Messenger (ﷺ) as saying: If anyone dies in a state (that he had to complete) some fasts, his heir must fast on his behalf. من مات وعليه صيام صام عنه وليه
Sahih Muslim 1147
, this applies to one who did not neglect it. And if one left making up the fasts openly and repeatedly without a legal excuse, what is the benefit of making it up on his behalf? Yes.
Source alathar.net

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

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