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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Hajj on behalf of a deceased son

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The first question of Fatwa No. ( 19909 )
Q1: I am a woman who has a young son in his twenties. He was employed in the army, and after graduating, he was transferred to the region of Jizan . We were happy because he is close to us. He served in the army for a full year, and one day, while on his way to work, he was involved in an accident and died. I have now intended to perform Hajj for him. Is Hajj obligatory for him or not? I have been deeply affected because he did not leave my side that day, and I hope that he is a martyr. Is he a martyr because he was on his way to work? We learned that he prayed the Fajr prayer, and we heard in a hadith:
Whoever prays Fajr is under the protection of Allahمن صلى الفجر فهو في ذمة الله
It is known that throughout his life, he never lied to anyone, he was obedient to his parents, and he never disobeyed their orders. In fact, his father once hit him over minor disagreements, but he never said a bad word and never turned his face away.

Volume 1 : If your son was overtaken by death before performing the obligatory Hajj, then if he has wealth, it is obligatory to take from his estate what is needed to perform Hajj on his behalf; because the Hajj of Islam is obligatory upon the free, capable, sane, adult Muslim, and adulthood is reached
by one of its signs, or by reaching the age of fifteen years. What indicates this is what al-Bukhari narrated in his Sahih from Ibn Abbas
A woman said: O Messenger of Allah, my mother vowed to perform Hajj but did not do so until she died. Should I perform Hajj on her behalf? He said: Yes, perform Hajj on her behalf. Do you think if your mother had a debt, would you pay it off? Pay off what is owed to Allah, for Allah has more right to be paid.أن امرأة قالت: يا رسول الله: إن أمي نذرت أن تحج فلم تحج حتى ماتت، أفأحج عنها؟ قال: نعم، حجي عنها، أرأيت لو كان على أمك دين أكنت قاضيته؟ اقضوا الله فالله أحق بالوفاء
, and this indicates that if a person dies with an unfulfilled Hajj, it is obligatory for one of his children or relatives to perform Hajj on his behalf from his wealth, or to equip someone to perform Hajj on his behalf from the deceased's wealth. As for if he had no wealth at the time of his death, then Hajj was not obligatory upon him due to his inability to perform it, but it is recommended for one of his relatives to perform Hajj on his behalf, and he will have a great reward and recompense if Allah wills. You should also supplicate for him, ask Allah for his forgiveness and mercy, and give charity on his behalf, if you are able to do so. We also advise you to be patient with his loss and to count it as a reward with Allah, and not to grieve excessively over his death. Praise Allah for His decree and destiny. Since your son died as a result of a car accident, it is hoped that Allah will expiate his sins, for calamities and good deeds expiate sins and erase evil deeds, and even if the trial is great, the reward is great. And Allah, Glorified and Exalted is He, when He loves a people, tests them. Since your son concluded his last days with a righteous deed, having performed the Fajr prayer on the day he died and being obedient to his parents as you mentioned, it is hoped for him much good from Allah the Exalted. It was narrated
by Muslim in his Sahih from Anas ibn Sirin : He said, I heard Jundub al-Qusari say: The Messenger of Allah (peace and blessings be upon him) said:
When anyone prays the morning prayer he is in God’s protection; so see that God does not call you to account for withdrawing in any respect from His protection, for if He does this to anyone for any cause He will catch him and turn him over on his face in the fire of Jahannam.من صلى صلاة الصبح فهو في ذمة الله فلا يطلبنكم الله بشيء من ذمته، فإنه من يطلبه من ذمته بشيء يدركه، ثم يكبه على وجهه في نار جهنم
Mishkat al-Masabih 627
And in a narration by Imam Ahmad in his Musnad:
Whoever prays the Fajr prayer is under the protection of Allah, so do not violate the protection of Allah, the Mighty and Majestic, and do not seek anything from His protection.من صلى صلاة الفجر فهو في ذمة الله فلا تخفروا ذمة الله عز وجل، ولا يطلبنكم بشيء من ذمته
And Imam al-Tirmidhi and Ibn Majah narrated something similar. The intended meaning is: performing the prayer in congregation, as indicated by other authentic hadiths. We ask Allah the Exalted for forgiveness for your son and that He overlook the evil deeds he committed. If you perform Hajj on his behalf, you will have a great reward if you have already performed Hajj for yourself, but Hajj is not obligatory for you on his behalf merely by intention. 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.

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