Is Hajj obligatory for a mother who died before performing it, and she intended to sell her gold for Hajj, and is it permissible to appoint students in Saudi Arabia to perform Hajj on her behalf for money, especially since her children are currently unable to perform Hajj on her behalf?
If the conditions for the obligation of Hajj were met by the deceased but they did not perform it, then the expenses of Hajj must be disbursed from their estate. The conditions include financial and physical ability, and for a woman, the presence of a mahram is required. If the mother was financially and physically able but did not find a mahram, then Hajj was not obligatory upon her. In this case, the gold may be divided among the heirs, and it is recommended to perform Hajj on her behalf. However, if she was negligent in inviting a mahram to accompany her, and Hajj was obligatory upon her, then Hajj should be performed on her behalf from her estate.
For a woman, the presence of a mahram is a condition for the obligation of Hajj. She is not obliged to perform Hajj herself or through a proxy if she does not find a mahram. The expenses of the mahram are to be borne by the woman, and if the mahram refuses to travel with her, she is considered as one who has no mahram, and thus Hajj is not obligatory upon her.
There is no objection to appointing someone from Makkah to perform Hajj on behalf of the mother, provided that the proxy has already performed Hajj for themselves. Some jurists are of the opinion that the proxy should perform Hajj from the place where Hajj became obligatory upon the one for whom it is being performed, while others permit performing Hajj from Makkah, and this latter view is the more preponderant one.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/15331
- Source platform
- Ftawy
- Original fatwa ID
- 15331
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy