QUESTION:
If a person has sufficient funds to perform his Fardh Hajj but he is unable to go due to not receiving accreditation, is he required to make Wasiyyat to have Hajj-e-Badl done?
ANSWER:
Since the person is financially and physically able to perform Hajj, it will be obligatory on him to perform Hajj. The Nafs-e-Wujoob is found in this instance. However, the obstacle preventing him from performing Hajj is not being able to get accreditation from SAHUC. This means that he is unable to discharge the obligation which is referred to as ‘Wujoob-ul-Adaa’ in the Kitaabs of Fiqh. Such a person should try to obtain accreditation on a yearly basis until it is granted. However, if one is ageing and becomes despondent of being accredited, then he will have to make a Wassiyat for Hajj-e-Badl to be performed on his behalf after his demise.
فالمحبوس و الخائف من السلطان كالمريض لا يجب عليهما أداء الحج بأنفسها و لكن يجب عليهما الحجاج او الايصاء به عند الموت عندهما (غنية الناسك ص٢٤)
[Re:- Kitaabun Nawaazil Vol:7 Pg:302-303]
ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!
ANSWERED BY:
Maulana Ahmed Saeed
Date: 19 Dhul Qa’dah 1445 / 28 May 2024
CHECKED AND APPROVED BY:
Mufti Mohammed Desai Saheb
