Fatwa ID: 06435
Answered by: Maulana Burhaan Rahman
Question:
My friend and her husband are going for Hajj this year- my friend is asking her husband to do Hajj badal for her dad as this is his husband’s second Hajj .
They have two questions regarding hajj badal
1- Her dad didn’t make any waseeyat regarding hajj and they don’t even know if the hajj was even farz on him or not.
2- If his husband makes the niyat of hajj e badal for his wife’s dad then will all the sawab go to the person for whom he will do hajj badal or he himself will also get the sawab?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Hajj al badl can be performed on behalf of the deceased:
Ibn Hajar mentions in his famous Fath al Bari:
واتفق من أجاز النيابة في الحج على أنها لا تجزى في الفرض إلا عن موت أو عضَب – أي: شلل
Everyone who believes that it is appropriate to appoint a proxy for Hajj agreed that it is not acceptable for the required Hajj, with the exception of when it is performed on behalf of someone who has died or who is paralyzed. [Fath Al-Bari Vol 3 page 378]
1) A bequest is not needed to carry our Hajj al badl.
Abdullah Bin Buraydah RA’s father mentioned an incident:
قَالَ بَيْنَا أَنَا جَالِسٌ، عِنْدَ رَسُولِ اللَّهِ صلى الله عليه وسلم إِذْ أَتَتْهُ امْرَأَةٌ فَقَالَتْ إِنِّي تَصَدَّقْتُ عَلَى أُمِّي بِجَارِيَةٍ وَإِنَّهَا مَاتَتْ – قَالَ – فَقَالَ ” وَجَبَ أَجْرُكِ وَرَدَّهَا عَلَيْكِ الْمِيرَاثُ ” . قَالَتْ يَا رَسُولَ اللَّهِ إِنَّهُ كَانَ عَلَيْهَا صَوْمُ شَهْرٍ أَفَأَصُومُ عَنْهَا قَالَ ” صُومِي عَنْهَا ” . قَالَتْ إِنَّهَا لَمْ تَحُجَّ قَطُّ أَفَأَحُجُّ عَنْهَا قَالَ ” حُجِّي عَنْهَا ” .
A lady approached the Prophet of Allah (SAW) while we were sitting with him and said, “I gave my mother a maid-servant, and now she (the mother) has passed away.” The Holy Prophet then declared: “There is a certain recompense for you, and she (the maidservant) has been given back to you as an inheritance.” She (that lady) repeated: “Should I keep her fasts for a month (of Ramadan) on her behalf?” the Holy Prophet said, “Observe fasts in her honor”. She then remarked, “She didn’t perform Hajj; should I do it for her?” “Perform Hajj on her behalf”, the holy prophet (SAW) urged. [Muslim Hadeeth no: 1149]
2) The one performing Hajj will get the reward as will the deceased by the will of Allah.
Ibn Hazm mentions in his Muhalla:
عن داود أنه قال : قلت لسعيد بن المسيب : يا أبا محمد ، لأيهما الأجر أللحاج أم للمحجوج عنه ؟ فقال سعيد : إن الله تعالى واسع لهما جميعا . قال ابن حزم : صدق سعيد رحمه الله
It was reported by Dawood that he said: “O Abu Muhammad, who will receive the reward, the one who does Hajj or the one on whose behalf he performs Hajj?” to Sa’eed ibn al-Musayyab. Allah, may He be glorified, is so kind that He would lavishly reward both parties, Sa’eed stated. Sa’eed (may Allah have pity on him) is correct, according to Ibn Hazm. [Al Muhalla Vol 7 page 61]
Allah SWT mentions in the Qur’an:
وَٱصْبِرْ فَإِنَّ ٱللَّهَ لَا يُضِيعُ أَجْرَ ٱلْمُحْسِنِينَ
And be patient, for Allah assuredly does not squander the recompense of the righteous. [Surah Hud verse 115]
Only Allah knows best.
Written by Maulana Burhaan Rahman
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
