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[One Who Bequeathed the Hajj of Islam, Then Hajj Costs Rose]

Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
تاريخ النشر:
Fatwa number: 18141
Number of views: 2
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[One Who Bequeathed the Hajj of Islam, Then Hajj Costs Rose]
Fatwa number: 18141
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Question

Question: A man bequeathed that the Hajj of Islam be performed on his behalf, but the costs of Hajj have risen, and his heirs are poor; they do not have from his estate what covers the costs. Is it permissible for them to hire someone to perform Hajj for him from within Saudi Arabia?

Answer

Answer: If the matter is as stated, then it is permissible for them to have Hajj performed for him from within Saudi Arabia; indeed, it is obligatory upon them, and it is valid on behalf of the deceased. Allah Most High said: “Allah does not charge a soul except [with that within] its capacity.” [al-Baqarah:286]. And: “So fear Allah as much as you are able.” [al-Taghābun: 16]. And in the ḥadīth: “If you are commanded to do something, then do of it what you are able.”
Know that initiating the travel of Hajj on behalf of the deceased should be from the homeland in which he died. If the initiation from the homeland is left, and it is initiated for his Hajj from al-Ṭāʾif or from Jeddah, the Hajj is valid and discharges the deceased’s Hajj of Islam. If it was the testator himself who stipulated that [shorter route] while being wealthy, then he sins; likewise the executor, if the one-third was sufficient to cover his Hajj from the deceased’s homeland.
Source : Min Thimār al-ʿIlm wa al-Ḥikmah vol.1

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