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Friday, January 23, 2015

Pilgrimage, & Dought & clear, - * Delegating some one to perform ‘umrah on behalf of the deceased



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There is a person I got to know in Makkah al-Mukarramah who I delegate from time to time to perform the obligation of ‘umrah on behalf of my mother and grandmother who are deceased. I also ask friends and family if they want to delegate this man to do ‘Umrah on behalf of their deceased loved ones.
I pay 300 dirhams to this deputy for each deceased person on whose behalf he performs ‘Umrah. My role is that of a middleman between this deputy and my family and friends. I take it upon myself to pay the money transfer fee from my own money, i.e., approximately 20 dirhams for each transaction, more or less.
My question is:
Is what we are doing makrooh or mustahabb?
Will I have any reward for making things easy for my family and friends and for my efforts in going to the bank to do the transfer and paying the transfer fee from my own money without them knowing about this?
I know that it would be better for me to do ‘Umrah myself on behalf of my mother and grandmother, but to make things easier and to increase the number of times ‘Umrah is done, we are doing it in this way.
Please note that what I am doing is sincerely for the sake of Allah and without seeking any financial or material gains. May Allah reward you with all good.
Praise be to Allaah.
There is nothing wrong with doing ‘Umrah on behalf of the deceased or on behalf of one who is alive but is unable to do ‘Umrah himself because he is too old or is sick with a disease for which there is no hope of recovery. The one who does that is doing a good deed and will be rewarded, in sha Allah.
There is nothing wrong with giving money to someone who will do that, but you should look for one who you think is good, righteous and has knowledge of the rulings, provided that the deputy will do what he has been appointed to do himself or will tell the one who appointed him that he is going to appoint another person to do it, because the one who appointed him may accept him delegating it to another person because he trusts him, but he may not agree to delegating it to someone else.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was asked about a person who appointed someone to do Hajj on behalf of his mother, then after that he found out that this person had taken on a number of such appointments. What is the ruling in that case? Please advise us, may you be forgiven.
He replied: What a person should do is be firm in his dealings with people and should not delegate things except to a person whose religious commitment he feels at ease with in the sense that he is trustworthy and knowledgeable of what needs to be done for the task for which he has been appointed. If you want to appoint someone to do Hajj on behalf of your deceased father or mother, then you have to choose someone whose knowledge and religious commitment you trust, because many people are very ignorant about the rulings on Hajj and they do not do Hajj in the proper manner, even though they may be trustworthy in and of themselves, but they think that this is what is required of them and they make many mistakes. Such people should not be appointed to do Hajj on behalf of others, because of their lack of knowledge. And some people may have knowledge but they are not trustworthy, so you see them not caring about what they do or say during rituals of Hajj, because they are not trustworthy and are lacking in religious commitment. Such people should not be appointed either to do Hajj on behalf of others.
The one who wants to appoint a person to do Hajj on his behalf should choose the best in knowledge and trustworthiness of those whom he can find, so that he will do what is required of him in the best manner.
With regard to this man whom the questioner says he appointed to do Hajj on behalf of his mother and heard later on that he had taken on a similar task for others, it depends. Perhaps this man who took on the task of doing pilgrimage for others appointed other people to do them and he performed Hajj on behalf of the one who appointed him. But is it permissible for a person to do that, i.e., is it permissible for a person to take in the task of performing Hajj or ‘umrah on behalf of a number of people, then not do it himself, rather he delegates it to other people?
In response to that we say that it is not permissible and is not allowed, and it comes under the heading of consuming people's wealth unlawfully, because a lot of people do business in this manner, so you see them taking on a number of pilgrimages, whether Hajj or ‘Umrah, on the basis that they are the ones who will do it, but then they delegate it to other people for less than the money they received for that, so they earn money in a haraam way and they give the job of doing these pilgrimages to people who may not be approved by the people who appointed him to do this task. People should fear Allah with regard to their brothers and their own selves, because if they take this money they have taken it unlawfully, and because if a person is entrusted with something by his brothers on the basis that he is the one who is going to perform Hajj or ‘Umrah, it is not permissible for him to delegate that to someone else, when the one who gave him the task of doing this Hajj or ‘umrah may not approve of this other person.
End quote fromFataawa al-Shaykh Ibn ‘Uthaymeen, 21/154.
What you are doing by acting as an intermediary between the person who is delegating the action and the one who is doing ‘umrah on his behalf, and spending from your own money on the transfer fees -- all of that is righteous deeds for which there is the hope that you will be rewarded, in sha Allah, because the one who guides others to do good is like the one who does it.
And Allaah knows best.
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Pilgrimage, & Dought & clear, - * Is it prescribed for the pilgrim to offer an udhiyah?



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Should my wife and I slaughter one ram or two during Hajj? Do we have to offer an udhiyah in our homeland or not?.
Praise be to Allaah.
Firstly:
If you are doing Tamattu’ or Qiraan, then each of you must offer a separate hadiy, and one ram is not sufficient for both of you, because offering a sacrifice is obligatory for the one who is doing Tamattu’ or Qiraan. The one who cannot afford that has to fast for ten days, three days during Hajj and seven when he returns to his homeland, as Allaah says (interpretation of the meaning):
“and whosoever performs the ‘Umrah in the months of Hajj, before (performing) the Hajj, (i.e. Hajj-at-Tamattu‘ and Al-Qiraan), he must slaughter a Hady such as he can afford, but if he cannot afford it, he should observe Sawm (fasts) three days during the Hajj and seven days after his return (to his home), making ten days in all”
[al-Baqarah 2:196]
But if you are doing Ifrad, you do not have to offer a hadiy, but you may offer it voluntarily if you wish, offering one or more. The Prophet (peace and blessings of Allaah be upon him) offered one hundred budnah as a hadiy during his Hajj.
Secondly:
As for the udhiyah, it is not prescribed for the pilgrim to offer it; rather what is prescribed for him is to offer the hadiy.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: How can a person combine udhiyah and Hajj, and is that prescribed?
He replied: The pilgrim does not offer an udhiyah, rather he offers a hadiy. Hence the Prophet (peace and blessings of Allaah be upon him) did not offer an udhiyah during the Farewell Hajj, rather he offered a hadiy. But if we assume that he is doing Hajj by himself and his family are in his homeland, then in that case he should leave his family enough money to buy an animal and offer it as an udhiyah, so he will be offering a hadiy and they will be offering an udhiyah, because the udhiyah is only prescribed in places other than Makkah, but in Makkah it should be a hadiy. End quote fromal-Liqa’ al-Shahri.
And Allaah knows best.





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Pilgrimage, & Dought & clear, - * Is the udhiyah obligatory for the pilgrim doing Hajj?



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Is the udhiyah obligatory for the pilgrim doing Hajj?.
Praise be to Allaah.
The scholars differed concerning the ruling on the udhiyah. The majority of scholars are of the view that it is Sunnah mu’akkadah (a confirmed Sunnah), and others are of the view that it is obligatory for the one who can afford it. This has been discussed in the answer to question no. 36432.
This difference of opinion has to do with people other than the one who is performing Hajj. As for the pilgrim, the scholars differed as to the ruling on offering an udhiyah in his case. Some say that it is prescribed – whether they regard it as mustahabb or obligatory, and others said that it is not prescribed.
Those who say that the udhiyah is not prescribed for the pilgrim differed as to the reason for that, and there are two opinions:
(i) because there is no Eid prayer for the pilgrim, and his sacrifice is the hadiy of tamattu’ or Qiraan
(ii) because the pilgrim is a traveller, and the udhiyah is prescribed for those who are not travelling. This is the view of Abu Haneefah, according to whom if the pilgrim is one of the people of Makkah, then he is not a traveller, so it is obligatory for him to offer the udhiyah.
There follow details of their views and some of their comments.
1.
The Hanafis. It says inal-Mabsoot(6/171):
It is obligatory for the one who can afford it and for non-travellers in our opinion. End quote.
Inal-Jawharah al-Nayyarah(5/285, 286) it says:
It is not obligatory for the pilgrim who is a traveller. As for the people of Makkah, it is obligatory for them even if they do Hajj. End quote.
2.
The Maalikis. They said that the pilgrim does not have to offer an udhiyah because he is a pilgrim not because he is a traveller.
Inal-Mudawwanah(4/101) it says:
Maalik said to me: The pilgrim does not have to offer an udhiyah even if he is one of the inhabitants of Mina once he is performing Hajj. I said: Do all people have to offer the udhiyah according to Maalik’s view except the pilgrim? He said: Yes. End quote.
3.
The Shaafa’is said it is mustahabb to offer the udhiyah for the pilgrim and for others.
Imam al-Shaafa’i (may Allaah have mercy on him) said:
The Makkan pilgrim, the one who is in transit from one country to another, the traveller, the non-traveller, and the male and female who can afford an udhiyah, are all the same and there is no difference between them. If it is obligatory for each one of them then it is obligatory for all of them and if it is waived for one of them then it is waived for all of them. If it is obligatory for some of them and not others, then the pilgrim is the one for whom it is most likely to be obligatory, because it is a sacrifice and he has to offer a sacrifice, whereas others do not have to offer a sacrifice. But it is not permissible to make something obligatory for the people without proof or to differentiate between them without the same. End quote.
Al-Umm(2/348)
4.
Ibn Hazm (may Allaah have mercy on him) said:
The udhiyah for the pilgrim is mustahabb as it is for non-pilgrims.
Some people said: The pilgrim does not offer an udhiyah.
The Messenger of Allaah (peace and blessings of Allaah be upon him) encouraged offering the udhiyah, so it is not permissible to deny the pilgrim the virtue and possibility of drawing closer to Allaah without a text to that effect. End quote.
Al-Muhalla(5/314, 315)
5.
According to the Hanbalis, it is permissible for the pilgrim to offer an udhiyah.
Ibn Qudaamah (may Allaah have mercy on him) said:
If he does not have a hadiy (sacrificial animal) with him, and he has to offer a hadiy because it is obligatory for him, then he should buy it. If it is not obligatory for him, but he wants to offer an udhiyah, then he may buy an animal that may be offered as such.
Al-Mughni(7/180)
In the hadeeth from ‘Aa’ishah (may Allaah be pleased with her) it says that the Prophet (peace and blessings of Allaah be upon him) offered an udhiyah on behalf of his wives in Mina during the Farewell Pilgrimage. Narrated by al-Bukhaari (5239) and Muslim (1211).
Some of the scholars – such as Ibn al-Qayyim – rejected this interpretation of the hadeeth and said that what was meant by udhiyah here was the hadiy.
See:Zaad al-Ma’aad(2/262-267)
Shaykh al-Islam Ibn Taymiyah and his student Ibn al-Qayyim favoured the view that the pilgrim should not offer an udhiyah. Seeal-Iqnaa’(1/409) andal-Insaaf(4/110). This view was also regarded as more correct by Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him). He (may Allaah have mercy on him) was asked: How can a person combine udhiyah and Hajj, and is that prescribed?
He replied: The pilgrim does not offer an udhiyah, rather he offers a hadiy. Hence the Prophet (peace and blessings of Allaah be upon him) did not offer an udhiyah during the Farewell Hajj, rather he offered a hadiy. But if we assume that he is doing Hajj by himself and his family are in his homeland, then in that case he should leave his family enough money to buy an animal and offer it as an udhiyah, so he will be offering a hadiy and they will be offering an udhiyah, because the udhiyah is only prescribed in places other than Makkah, but in Makkah it should be a hadiy. End quote fromal-Liqa’ al-Shahri.
And Allaah knows best.




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