Nasihah (Advice): Bequests
Rasoolullah Sallallaahu Alaihi Wasallam said: “Allah has given each person his due rights and there is no bequest in favour of an heir.” (Nasaai)
Question and Answer:
- What is the ruling on performing Hajj on behalf of a deceased person?
(Question published as received)
- It is permissible to perform Hajj on behalf of a deceased person who has not performed Hajj during his lifetime. If the deceased person made a bequest (Wasiyyah) to perform hajj on his behalf, then the expenses of performing Hajj on his behalf would be paid from one third of his nett estate. If he did not make a bequest (Wasiyyah) to perform Hajj on his behalf, the person who intends to perform Hajj on his behalf shall bear the expenses and pass on the reward to the deceased person. (Mabsoot)
My father, who is 80 years old and has not yet performed hajj, is willing to give me money to take my mother to perform hajj. My father shall not be able to perform hajj due to old age and also heart and diabetic illness.
My mother who is around 60 years old is physically active and can perform hajj, if I accompany her.
I am a married person with two small kids aged under 3 and I do not have enough savings to pay for my and my wife’s hajj.
If I take money from my father to take my mother for hajj, can I perform Hajj-e-Badal for my father?
If I have just enough savings of my own to perform my own hajj (without my wife), can I still perform Hajj-e-Badal for my father from his money and some years later, take my wife to perform my own farz Hajj with my wife ?
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh
It is permissible for one who has not yet performed his own Fardh Hajj to perform Hajj-Badal (on behalf of someone else). However, this is Makrooh (disliked).
The one who is performing the Hajj-Badal will not be absolved of his Fardh Hajj since he is doing it on behalf of someone else.
In your situation, since you are accompanying your mother as a Mahram, and your father is unable to perform Hajj, it is hoped in view of the circumstances the Karahat (reprehensibility) of you performing Hajje – Badal due to not performing Hajj before will be removed.
You may accompany your wife later and perform your Fardh Hajj with her.
And Allah Ta’āla Knows Best
Mufti Ebrahim Desai.