| | | (Part No. 16; Page No. 398) | |
Ruling on performing Hajj on behalf of a deceased who died without performing it From `Abdul-`Aziz ibn `Abdullah ibn Baz to the honorable brother S.`A.H., may Allah increase him in knowledge and faith, Amen.  As-salamu `alaykum warahmatullah wabarakatuh (May Allah's Peace, Mercy, and Blessings be upon you). To proceed:I have kindly received your letter dated 20/12/1383 A.H. which included many questions that we are familiar with. Here are the answers to these questions. I ask Allah to guide me and you to understand His Religion, remain steadfast in it, and make us and all Muslim brothers from among the rightly guided. Indeed, He is the All-Hearing, the Ever-Near.Q: Should we perform Hajj on behalf of those who die and have not performed it because of illness or poverty? A: Those who die before performing Hajj fall under two categories: First, if the person was physically and financially able to perform Hajj during their life, the heirs should authorize someone to perform Hajj on their behalf from the inheritance the person left. | | (Part No. 16; Page No. 399) | |
This is because Hajj is obligatory and the deceased did not perform it before passing away. Thus, the heirs must fulfill this duty even if it is not stated in the will. If the deceased requested this, then it is obligatory based on Allah's (Exalted be He) Saying:  And Hajj (pilgrimage to Makkah) to the House (Ka‘bah) is a duty that mankind owes to Allâh It is also supported by the authentic Hadith where the Prophet (peace be upon him) said:  A man said to the Prophet (peace be upon him): There is an obligation from Allah upon His bondsman in regard to Hajj. (But) my father is an old man and is incapable of performing Hajj. May I perform Hajj on his behalf? The Prophet (peace be upon him) said: Perform Hajj and `Umrah on behalf of your father. If it is incumbent upon the elderly persons who are not able to travel or perform the rites of Hajj to authorize someone to perform Hajj on their behalf, then how is the case with the healthy and able persons who die without performing Hajj? It is more important and logical to perform Hajj on their behalf. This comes in accordance with the authentic Hadith in which the Prophet (peace be upon him) said: A woman came to the Prophet (peace be upon him) and said: My mother vowed to perform Hajj but died before performing it. May I perform Hajj on my mother's behalf? The Prophet (peace be upon him) replied: Perform Hajj on her behalf. | | (Part No. 16; Page No. 400) | |
Second, if the deceased was poor and could not perform Hajj or was elderly and could not perform Hajj during his life, then it is permissible for the heirs of this person, such as their sons or daughters, to perform Hajj on their behalf on the grounds of the above mentioned Hadiths. In another Hadith, Ibn `Abbas (may Allah be pleased with them) reported that the Prophet (peace be upon him) heard a man saying: Here I am responding to Your call on behalf of Shubrumah. The Prophet (peace be upon him) said: Who is Shubrumah? The man said: My brother or relative. The Prophet (peace be upon him) said: Have you performed Hajj for youself? He said: No. The Prophet (peace be upon him) said to him: Perform Hajj for yourself then you may perform Hajj (pilgrimage) on behalf of Shubrumah. In another narration, the Hadith was reported directly from Ibn `Abbas (may Allah be pleased with him and his father) and not traced back to the Prophet. According to both narrations, the Hadith indicates the permissibility of performing Hajj on behalf of another person whether the Hajj is obligatory or supererogatory. As for Allah's (Exalted be He) Saying: And that man can have nothing but what he does (good or bad). This does not mean that a person is not benefited by another person's actions and such actions will not suffice him. Yet, the meaning according to commentators is that one is not benefited by the actions of others when they are done for them not on his behalf. If the actions of others are done on his behalf or as a proxy for him, he will benefit from them and shall be rewarded for them, just as one is rewarded by the Du`a' (supplication) and charity of one's Muslim brother. | | (Part No. 16; Page No. 401) | |
Likewise is performing Hajj and Sawm (Fast) on behalf of the deceased if some days were missed. The Prophet (peace be upon him) said: Whoever dies without completing some days of fasting, his heir must observe Sawm on his behalf. (Related by Al-Bukhari and Muslim from the Hadith of `Aishah [may Allah be pleased with her]) However, this applies to acts of worship which the Shari`ah (Islamic law) allows to be performed on behalf of others, such as Du`a', charity, Hajj, and Sawm. As for other acts, they are a subject of dispute among Muslim scholars, such as Salah (Prayer), recitation of the Qur`an, etc. It is better to abandon these acts of worship and perform only the prescribed ones to be on the safe side. May Allah grant us success. |
|
|