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Saturday, October 4, 2014

Hajj, - Hukm al-Hajj wa’l-‘Umrah (rulings on Hajjand ‘Umrah), Dought & clear, - * Hajj is not obligatory for a person who does ‘Umrah during the months of Hajj



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Before the begining of the month of Haj, I did my umrah before the month of Haj, some one told me that Haj is wajeeb on me now , although I have already did haj 2 years back, please clarify the same?.
Praise be to Allaah.
What this person told you is not correct, because Hajj is only obligatory once in a lifetime, because of the hadeeth of Ibn ‘Abbaas, which says that al-Aqra’ ibn Haabis asked the Prophet (peace and blessings of Allaah be upon him): “O Messenger of Allaah, is Hajj (to be done) every year or only once?” He said: “One once, and whoever does more than that, it is a voluntary (act of worship).” Narrated by Abu Dawood, 1721; classed as saheeh by al-Albaani.
Since you did Hajj before that, then you do not have to do Hajj again.
There are three months of Hajj: Shawwaal, Dhu’l-Qi’dah and Dhu’l-Hijjah. Perhaps this person understood from the fact that they are called the months of Hajj that whoever does ‘Umrah during these months is obliged to do Hajj. But this is incorrect, rather the reason why they are called the months of Hajj is that Hajj must happen during these months, not before or after them.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked about a man who did Hajj tamattu’, then after doing ‘Umrah he went back to his city and did not do Hajj – does he have to do anything (offer any expiation or ransom)?
He replied: You do not have to do anything, because if a person is doing Hajj tamattu’ and enters ihraam for ‘umrah, then decides not to do Hajj before he enters ihraam for Hajj, then he does not have to offer any expiation or ransom, unless he vowed to do Hajj this year. If he made such a vow then he is obliged to fulfil his vow.




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Hajj, - Hukm al-Hajj wa’l-‘Umrah (rulings on Hajjand ‘Umrah), Dought & clear, - * Should he do more Hajj or is once enough?



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Is it good to do more than one hajj or is it better to do only one hajj?.
Praise be to Allaah.
With regard to what is obligatory, Hajj is only required once in a lifetime. It was narrated that Abu Hurayrah said: The Messenger of Allaah (peace and blessings of Allaah be upon him) addressed us and said: “O people, Allaah has enjoined Hajj on you, so perform Hajj.” A man said: “Is it every year, O Messenger of Allaah?” He remained silent until (the man) said it three times. Then the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “If I said yes it would be obligatory and you would not be able to do it.” Then he said: “Be content what I leave with you, for those who came before you were destroyed because they asked too many questions and argued with their Prophets. If I tell you to do something then do as much of it as you can, and if I tell you not to do something then abstain from it.” Narrated by Muslim, 1337.
It was narrated from Ibn ‘Abbaas that al-Aqra’ ibn Haabis asked the Prophet (peace and blessings of Allaah be upon him): “O Messenger of Allaah, is Hajj every year or just once?” He said: “It is only once, and whoever does more than that, it is a voluntary (act of worship).” Narrated by Abu Dawood, 1721; classed as saheeh by al-Albaani.
With regard to what is preferable, the more a Muslim does of Hajj, the better, even if he can do Hajj every year. There are reports which encourage doing Hajj a great deal, such as the following:
1 – It was narrated from Abu Hurayrah that the Messenger of Allaah (peace and blessings of Allaah be upon him) was asked: which deed is best? He said: “Believing in Allaah and His Messenger.” He was asked: Then what? He said: “Jihad for the sake of Allaah.” He was asked: Then what? He said: “An accepted Hajj.” Narrated by al-Bukhaari, 26; Muslim, 83.
2 – It was narrated that Abu Hurayrah (may Allaah be pleased with him) said: I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: “Whoever does Hajj for the sake of Allaah, and does not utter any obscenity or commit any immoral action, will go back (sinless) as on the day his mother bore him.” (al-Bukhaari, 1449; Muslim, 1350).
3 – It was narrated that ‘Abd-Allaah ibn Mas’ood said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Make the Hajj and ‘Umrah follow each other closely, for they remove poverty and sins as the bellows removes the dross of iron, gold and silver, and an accepted Hajj brings no less a reward than Paradise.”
Narrated by al-Tirmidhi, 810; al-Nasaa’i, 2631. Classed as saheeh by Shaykh al-Albaani inal-Silsilah al-Saheehah, 1200.
And Allaah knows best.




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Friday, October 3, 2014

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



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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.





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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?



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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?




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