Question
Question: A man upon whom Ḥajj is obligatory—does he have an allowance to forgo it or delay it on the pretext that Ḥajj is only possible for him by paying a great deal of money to the two states?
Answer
Answer—and Allah is the Granter of success:
- If what is taken from the pilgrim is for what the pilgrim needs—lodging and its concomitants in Makkah and Madinah—and nothing beyond what he needs is taken from him there, then he should neither forgo Ḥajj for that reason nor delay it. The proof is His saying, Exalted is He: “And [due] to Allah from the people is a pilgrimage to the House—for whoever is able to find thereto a way.” [Āl ʿImrān:97]. This man from whom this is requested is “able to find a way” to Ḥajj by the wealth Allah has given him.
- But if what is demanded of this pilgrim exceeds what we mentioned by many multiples—taken from him without right—then that is an excuse for him to delay Ḥajj and put it off until it becomes feasible.
- Yes: a supererogatory Ḥajj which cannot be completed except by paying a great sum of money to the two states is not recommended in such a person’s case; he should preserve his wealth from being spent in an improper place. Allah the Exalted said: “And He has not placed upon you in the religion any hardship,” [al-Ḥajj:78] and: “Allah intends for you ease and does not intend for you hardship.” [al-Baqarah:185].
Indeed, if an act of obedience cannot be completed except by committing a sin, then leaving that act of obedience becomes obligatory—thus they established in legal theory: warding off corruption takes precedence over procuring benefit; and the obligation to ward off corruption is even more emphatic when the harm is general and the benefit particular.
Similarly is what some people do—traveling to visit certain righteous people in Iraq or elsewhere, while knowing or assuming what they will encounter of evils and witness of sins during their travel and moving about there, and in their lodging as well.
Yes: if the visitor believes he will be able to make the visit without witnessing those evils, then there is no harm.
Source : Min Thimār al-ʿIlm wa al-Ḥikmah vol.1
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