His commitment to take your mother on Hajj in the marriage contract
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Fatwa No. ( 14718 )
Q: Fifteen years ago, my mother had a gold necklace which she sold for two thousand riyals at that time. She then gave the money to my father as a trust in his possession. When the time for Hajj came, she asked him for it, and he swore by Allah that he had nothing of it with him now, except five hundred riyals (500 riyals) Saudi. She had asked for it so that she could give it to him to perform Hajj for her mother. My father said: “I will undertake to perform Hajj for your mother.” The pilgrims at that time performed Hajj for a maximum of one thousand riyals or eight hundred riyals (1000 or 800), somewhere between these two figures. My mother accepted this. When the pilgrim returned from the Hajj season, she asked him for (500) as a wage for her father so that he could return to his country, as he had nothing with him, meaning her father. He swore that he had nothing with him except (500 riyals). She took it from him and released him from another five hundred riyals, leaving one thousand riyals, to be used for performing Hajj on behalf of her deceased mother. It is known that her mother’s obligatory Hajj had already been fulfilled, and performing Hajj for her was not obligatory. O Shaykh: What is upon my father regarding this? Does he have to perform Hajj on her behalf? And if he wants to appoint someone to perform Hajj on her behalf, is that valid given the difference in time and cost? Since
pilgrims do not perform Hajj for less than six thousand riyals. And is it permissible to give charity with her money, as I inform you that my father has an obligation to perform Hajj for her, which was in the marriage contract between him and my mother, without the word “Hajj,” and his request of her that he would perform Hajj for her with the price of the contract? And is it permissible to combine them in one Hajj? And what should he do, as he has many occupations? And is it permissible for me to perform Hajj on his behalf for the two Hajjs, or what should I do?
A : After your father paid your mother part of her debt, which was five hundred riyals, and released him from another five hundred riyals, leaving one thousand riyals, if he committed to performing Hajj with it for your great-grandmother – your mother’s mother – then he is obligated to do so now, by hastening to perform Hajj on her behalf and not delaying. If he is unable to do so because of his occupations, he may appoint someone your mother approves of, after giving him what is sufficient for Hajj. If the amount increases due to his delay in performing it at a time when this amount was sufficient, and if he appoints you to perform Hajj on behalf of your great-grandmother and your mother agrees, whether she takes this amount or waives it in favor of your father, that is permissible. One does not combine two Hajjs in one time for himself and for another. As for his commitment to take your mother on Hajj in the marriage contract, he must fulfill it, and he must take her on Hajj and not appoint someone to perform Hajj on her behalf as long as she is alive and able. It is good to combine them by taking your mother to Makkah to perform Hajj for herself, and he performs Hajj for his great-grandmother, if he has already performed Hajj for himself. If he has not performed Hajj for himself, he is obligated to perform Hajj for himself first.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Fifteen years ago, my mother had a gold necklace which she sold for two thousand riyals at that time. She then gave the money to my father as a trust in his possession. When the time for Hajj came, she asked him for it, and he swore by Allah that he had nothing of it with him now, except five hundred riyals (500 riyals) Saudi. She had asked for it so that she could give it to him to perform Hajj for her mother. My father said: “I will undertake to perform Hajj for your mother.” The pilgrims at that time performed Hajj for a maximum of one thousand riyals or eight hundred riyals (1000 or 800), somewhere between these two figures. My mother accepted this. When the pilgrim returned from the Hajj season, she asked him for (500) as a wage for her father so that he could return to his country, as he had nothing with him, meaning her father. He swore that he had nothing with him except (500 riyals). She took it from him and released him from another five hundred riyals, leaving one thousand riyals, to be used for performing Hajj on behalf of her deceased mother. It is known that her mother’s obligatory Hajj had already been fulfilled, and performing Hajj for her was not obligatory. O Shaykh: What is upon my father regarding this? Does he have to perform Hajj on her behalf? And if he wants to appoint someone to perform Hajj on her behalf, is that valid given the difference in time and cost? Since
pilgrims do not perform Hajj for less than six thousand riyals. And is it permissible to give charity with her money, as I inform you that my father has an obligation to perform Hajj for her, which was in the marriage contract between him and my mother, without the word “Hajj,” and his request of her that he would perform Hajj for her with the price of the contract? And is it permissible to combine them in one Hajj? And what should he do, as he has many occupations? And is it permissible for me to perform Hajj on his behalf for the two Hajjs, or what should I do?
A : After your father paid your mother part of her debt, which was five hundred riyals, and released him from another five hundred riyals, leaving one thousand riyals, if he committed to performing Hajj with it for your great-grandmother – your mother’s mother – then he is obligated to do so now, by hastening to perform Hajj on her behalf and not delaying. If he is unable to do so because of his occupations, he may appoint someone your mother approves of, after giving him what is sufficient for Hajj. If the amount increases due to his delay in performing it at a time when this amount was sufficient, and if he appoints you to perform Hajj on behalf of your great-grandmother and your mother agrees, whether she takes this amount or waives it in favor of your father, that is permissible. One does not combine two Hajjs in one time for himself and for another. As for his commitment to take your mother on Hajj in the marriage contract, he must fulfill it, and he must take her on Hajj and not appoint someone to perform Hajj on her behalf as long as she is alive and able. It is good to combine them by taking your mother to Makkah to perform Hajj for herself, and he performs Hajj for his great-grandmother, if he has already performed Hajj for himself. If he has not performed Hajj for himself, he is obligated to perform Hajj for himself first.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.