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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Hajj or Preparing Housing

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Fatwa No. ( 18802 )
Q: I am a simple employee working in one of the government companies. I have two sons and a daughter, and I live in an apartment consisting of one room and a living room. After five years of struggle, I was able to buy a piece of land to expand my living space for myself and my children and to build on it. However, I was told that it is not permissible until I perform the obligatory Hajj. So, should I remain as I am with my children in this small apartment, or should I sell the piece of land to perform this obligation, or should I build on it first and expand for my children?
The matter of building is not easy; it requires at least ten years of struggle for me to build it. Please note that I must separate them in their sleeping arrangements, and I have no space other than one room for myself and them. So what should I do, and which is more important and obligatory?

A : The obligatory Hajj is not required except of the one who is able, capable with his wealth and his body. So, if one is able with his body but not with his wealth, Hajj is not obligatory upon him; for Allah the Exalted says:
And [due] to Allah from the people is a pilgrimage to the House - for whoever is able to find thereto a wayوَلِلَّهِ عَلَى النَّاسِ حِجُّ الْبَيْتِ مَنِ اسْتَطَاعَ إِلَيْهِ سَبِيلا
[Ali 'Imran 3:97]
. Therefore, the condition for the obligation of Hajj on one who possesses some wealth is that it be in excess of his sustenance, the sustenance of his dependents, and his basic needs. Among the basic needs is providing sufficient housing for himself and his children. Accordingly, Hajj is not obligatory upon you, and you are not required to sell the piece of land you bought to build a residence on it for your children. Whenever Allah makes it easy for you to have a surplus of wealth beyond your sustenance, the sustenance of your dependents, and the needs of those you support, then it becomes obligatory for you to perform Hajj at that time. As for if a person is able with his wealth but not with his body due to old age or an illness that is not expected to be cured, then it is obligatory for him to appoint a proxy to perform Hajj and 'Umrah on his behalf from his wealth. And if he dies before performing the obligatory Hajj, he should allocate from his estate, from the principal of his wealth, an amount sufficient for a proxy to perform Hajj and 'Umrah on his behalf; for the Prophet (peace and blessings be upon him) called it a debt when a woman asked him about her father during Hajj, and he said:
So, pay Allah's debt as He has more right to be paid.اقضوا الله، فالله أحق بالقضاء
Sahih al-Bukhari 1852
. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and companions.
Source www.alifta.gov.sa

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

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