Q424 :Why is the pilgrimage made a duty owed to
Allah. Why do we not say the same of prayers or of fasting?
A424 : Allah gives His message in the clearest of
terms. Here, pilgrimage is stated in a way which makes it similar to a
debt. Since pilgrimage can be offered only at a particular time every
year, a delay in offering it once it benetes a duty is similar to the
delay in settling a debt when a person has the money to pay it off.
Moreover, if one dies without offering the pilgrimage when he has been
able during his lifetime to offer it, it remains outstanding in the
same way as a loan given to the deceased which must be settled after
death. It is important to know first of all that once a person is able
to undertake the duty of pilgrimage, he or she must do it without
delay. If, however, a person dies before he offers the pilgrimage when
the conditions of ability have been met during his lifetime, then
before his estate is divided among his heirs and indeed before the
execution of his will, if any, a portion of his money should be set
aside which must be sufficient to meet the expenses of pilgrimage and
Umrah so that someone else may do the pilgrimage on his behalf. This
applies whether the deceased had been too lax about fulfilling his duty
or had every intention to fulfill it, but was prevented by his
circumstances, or an illness or any other legitimate reason. The
person who offers to substitute pilgrimage on someone else’s behalf
should have performed the pilgrimage for himself first. On his
pilgrimage journey, the Prophet heard one of his netpanions that his
pilgrimage was intended on behalf of Shibrimah. The Prophet asked who
Shibrimah was. He answered that he was a brother of his. The Prophet
asked him whether he had offered the pilgrimage before and when the man
answered in the negative, the Prophet said to him: “Offer the
pilgrimage on your own behalf first, then offer it again on behalf of
Shibrimah.” It is perfectly acceptable that one of the close relatives
of a sister does the pilgrimage on behalf of the deceased and it is
also appropriate if someone is hired for the purpose. Some scholars
maintain that what should be paid to a person who is doing a substitute
pilgrimage is only the expenses incurred in doing so. He could not have
a fee for doing the pilgrimage. But this is a question over which
scholars have different views, with some of them maintaining that if a
fee is paid, it is perfectly legitimate. On the other hand, if the
relatives of the deceased tell the person who is doing the substitute
pilgrimage that they will pay him a certain amount of money, he is
entitled to take what he saves of that amount for himself. It is also
perfectly acceptable that a man does the pilgrimage on behalf of
another man or a woman, and the opposite is also true: a woman may do
pilgrimage on behalf of another woman or a man. Pilgrimage is binding
only on those who can afford it. If the deceased was never able
throughout his life to afford the journey to offer pilgrimage because
of his poverty, then such a duty was not applicable to him.
Nevertheless, if one of his children does the pilgrimage [or arranges
with another person to do it on his behalf], it is acceptable and
greatly rewarding to the child concerned. It counts as an exceptional
act of dutifulness on their part. It ensures reward of pilgrimage for
their parent and a gratifying reward for them.
Our Dialogue ( Source : Arab News – Jeddah )