Hajj, - Hukm al-Hajj wa’l-‘Umrah (rulings on Hajjand ‘Umrah), Dought & clear, - * Woman doing Hajj on behalf of a man

Share

Is it permissible for a woman to do Hajj on behalf of her father?.
Praise be to Allaah.
Yes, it is permissible for a woman to do Hajj on behalf of a man.
Al-Bukhaari (1513) and Muslim (1334) narrated that ‘Abd-Allaah ibn ‘Abbaas (may Allaah be pleased with him) said: A woman from Khath’am came and said: “Allaah’s command to the people to perform Hajj has come when my father is an old man and cannot sit firmly in the saddle. Can I perform Hajj on his behalf?” He (the Prophet (peace and blessings of Allaah be upon him)) said: “Yes.” That was during the Farewell Pilgrimage.
Ibn Hazm said inal-Muhalla(5/317):
It is permissible for a woman to perform Hajj on behalf of a man or a woman, and for a man to perform Hajj on behalf of a woman or a man, because the Prophet (peace and blessings of Allaah be upon him) commanded the Khath’ami woman to perform Hajj on behalf of her father, and he commanded a man to perform Hajj on behalf of his mother, and another man to perform Hajj on behalf of his father. There is no text which forbids any of that. Allaah says (interpretation of the meaning):“and do good” [al-Hajj 22:77], and this is good. It is permissible for everyone to do it on behalf of everyone. End quote.
Ibn Qudaamah said inal-Mughni(5/27):
It is permissible for a man to be appointed to do Hajj on behalf of a man or a woman, and a woman on behalf of a man or a woman, according to the majority of scholars. We do not know of any difference of opinion, except al-Hasan ibn Saalih, who regarded it as makrooh for a woman to do Hajj on behalf of a man. Ibn al-Mundhir said: this is a failure to recognize the apparent meaning of the Sunnah, because the Prophet (peace and blessings of Allaah be upon him) commanded a woman to do Hajj on behalf of her father. End quote.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: is it permissible for a woman to do Hajj on behalf of her father even if she has brothers who are grown up?
He replied:
It is permissible for a woman to do Hajj on behalf of her father, even if she has brothers who are grown up. Both men and women can act as deputies on behalf of others. Hence the woman from Khath’am asked the Prophet (peace and blessings of Allaah be upon him)… And he quoted the hadeeth mentioned above, then he said: He (the Prophet (peace and blessings of Allaah be upon him)) gave her permission to do Hajj, and she was a woman acting on behalf of a man. But it is essential for her to have a mahram on every journey, whether that is for Hajj or for any other purpose, and whether the woman is travelling to do Hajj for herself or on behalf of someone else.

Share

Hajj, - Hukm al-Hajj wa’l-‘Umrah (rulings on Hajjand ‘Umrah), Dought & clear, - * He died and did not perform Hajj because he was negligent – cansomeone perform Hajj on his behalf?

Share

There is a person who died in his 40s. He was able to do Hajj, and he prayed all five prayers regularly. He used to say each year, “I will go for Hajj this year,” but then he died. He has heirs – can they perform Hajj on his behalf? Is there any sin on him?.
Praise be to Allaah.
The scholars differed concerning such cases. Some of them said that others may perform Hajj on his behalf and that will benefit him, and it will be as if he did Hajj for himself. Others said that no one can perform Hajj on his behalf, and even if people performed Hajj on his behalf a thousand times, it would not be accepted and would not discharge his duty. This view is correct, because this man failed to do an act of worship that was obligatory for him and should have been done straight away, with no excuse. So how can we make it up for him after his death after he neglected it? Now the estate has to do with the rights of the heirs – how can we deprive them of the costs of this Hajj, when it is not going to be accepted? This is what Ibn al-Qayyim (may Allaah have mercy on him) mentioned inTahdheeb al-Sunanand this is also my view. If a person fails to do Hajj out of negligence when he is able to do it, no Hajj will ever count for him, even if the people do Hajj on his behalf a thousand times.
As for zakaah, there are some scholars who say that if a person dies and zakaah is paid on his behalf, that is sufficient, but the basic principle that I have mentioned implies that it does not discharge his duty of paying zakaah. But I think that the zakaah may be paid from the estate, because it has to do with the rights of the poor and those who are entitled to zakaah, unlike Hajj, the cost of which cannot be taken from the estate, because it does not have to do with anybody’s rights, whereas zakaah has to do with people’s rights. So zakaah should be given to those who are entitled to it, but that does not discharge the person’s duty, and he will be given the punishment of those who do not pay zakaah. We ask Allaah to keep us safe and sound.
The same applies to fasting. If it is known that this person did not fast and was negligent in making it up, then it cannot be made up on his behalf, because he was negligent and failed to do this act of worship, which is one of the pillars of Islam, with no excuse. If it is made up on his behalf it will not benefit him. The hadeeth of the Prophet (peace and blessings of Allaah be upon him), “Whoever dies owing fasts, his heir should fast on his behalf,” applies to one who has not been negligent, and with regard to the one who failed to make up missed fasts out of negligence with no legitimate shar’i excuse, what is the point of making it up on his behalf?

Share

Hajj, - Hukm al-Hajj wa’l-‘Umrah (rulings on Hajjand ‘Umrah), Dought & clear, - * Obligation of performing Hajj straightaway

Share

Is it permissible for a person who is able to do Hajj to delay Hajj for a number of years?.
Praise be to Allaah.
If a person is able to do Hajj and meets all the conditions of it being obligatory, then he must do Hajj straight away, and it is not permissible for him to delay it.
Ibn Qudaamah (may Allaah have mercy on him) said inal-Mughni:
If a person is obliged to do Hajj and is able to do it, he must do it straight away and it is not permissible for him to delay it. This is the view of Abu Haneefah and Maalik. Allaah says (interpretation of the meaning):
“And Hajj (pilgrimage to Makkah) to the House (Ka‘bah) is a duty that mankind owes to Allaah, those who can afford the expenses (for one’s conveyance, provision and residence); and whoever disbelieves [i.e. denies Hajj (pilgrimage to Makkah), then he is a disbeliever of Allaah], then Allaah stands not in need of any of the ‘Aalameen (mankind, jinn and all that exists)”
[Aal ‘Imraan 3:97] The command is to do it straight away.
And it was narrated that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever wants to do Hajj, let him hasten to do it.” Narrated by Imam Ahmad, Abu Dawood and Ibn Maajah. According to a version narrated by Ahmad and Ibn Maajah: “…for he may fall sick or be faced with some need.” Classed as hasan by al-Albaani inSaheeh Ibn Maajah. End quote.
What is meant by “let him hasten to do it” is that a person who is accountable must do what is enjoined upon him as soon as he becomes able to do it, and it is not permissible for him to delay it with no excuse.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: Does the command to do Hajj mean that it must be done immediately or may one do it at one's leisure?
He replied:
The correct view is that it must be done straight away and it is not permissible for a person who is able to go on Hajj to the Sacred House of Allaah to delay it. The same applies to all the duties enjoined by sharee’ah: if there is no set time or reason, they must be done immediately.

Share