Build a house or perform Hajj?

Question

I am a married man and have three children. My mother also lives with me. I have gone through great difficulty to collect the amount needed to buy a piece of land that I wish to build a house upon to shelter me and my family and relieve me from the rent I have to pay for my shop and home. Is it permissible for me to postpone the performance of Hajj until I complete the construction of the house?

Fatwa

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) is His slave and Messenger.

Islamic jurists have held different opinions as to whether or not one is required to perform Hajj if he owns nothing but a house or money set aside to own a house.

Maaliki scholars hold that such a person is required to perform Hajj and must sell the house and use the money to perform Hajj. Shaafi‘i and Hanbali scholars hold that such a person is not required to perform Hajj unless this house or the money he has set aside for it is surplus to his needs.

Hanafi scholars hold that he is not required to sell the house even if it is surplus to his needs.

The preponderant opinion is that such a person is not required to perform Hajj unless the house or money set aside for it is surplus to his needs.

Hence, you are not required to perform Hajj and you may postpone it if you need this house, provided that you build it according to what is needed and no more than that.

Allah Knows best.

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