Who bears expenses of the one authorized to perform Hajj?
Fatwa No: 117626

Question

My father died before he could perform Hajj last year. He never performed Hajj, and he paid all the Hajj fees. We authorized our paternal uncle to perform Hajj on behalf of our father, but we want to know the expenses that we are required to pay for Hajj to be valid – Allaah Willing. The fees of Hajj and Hady were paid from my father's money, but when my uncle returned, he demanded every penny he spent even the fees of the passport, stamps, photographs, internal transportation, transport from and to the airport and the price of the food he bought in Saudi Arabia although we supplied him with food because food in Saudi Arabia is very expensive. The hotel also offers meals. He charged us the money paid for washing the garment of Ihraam, knowing that my father would not have spent all that money or would not have been that extravagant. Please advise.

Answer

All perfect praise be to Allaah, The Lord of the worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

 

We ask Allaah The Almighty to Shower your father with great mercy. You should know that jurists stated that the Muslim who dies before performing Hajj and Hajj has become obligatory on him, it is obligatory to perform Hajj on his behalf from his own money. An-Nawawi  may  Allaah  have  mercy  upon  him said, "The Muslim who dies without fulfilling the obligation of Hajj, Hajj must be performed on his behalf from his estate." If the heirs cannot find someone to perform Hajj on his behalf except with an equal price, they must pay it. That is because paying fares for performing Hajj on behalf of others is permissible according to Maalik and Ash-Shaafi‘i. This is the preponderant opinion on the case although it is preferable not to take fares for that to keep away from the divergence in scholars' opinions. Since fares must be paid if your uncle requested them, so what about the expenses that are a must on the authorizer without disagreement among the scholars who allow authorization in Hajj? You authorized your uncle to do the task, so what he claims to have spent is true because he is honest and a doer of good deed. Allaah The Almighty Says (what means): {There is not upon the doers of good any cause [for blame]. And Allaah Is Forgiving and Merciful.} [Quran 6:91]

Therefore, the fees of the passport, visa, internal transport fares and the like must certainly be paid from your father's estate and so must the expenses of his food and drink. Perhaps the food served by the hotel was not sufficient, so if he bought food, you had to pay its price. You are also required to pay for the laundry. The fact that your father would have been economical had he performed Hajj is not a justification to deprive your uncle of his dues. Furthermore, your uncle did not ask you fares for performing Hajj on behalf of your father. We advise you to fear Allaah The Almighty and pay your uncle his dues with self-content. In fact, noble-hearted people do not care about such nonsense, and tolerance and good morals necessitate that you give your uncle the money he demanded without such strict checking. It is said that the generous never does so much checking. You should supplicate for your father as much as you can that Allaah Showers him with mercy and Accepts the Hajj that your uncle performed on his behalf. Hajj was valid and absolved your father from the obligation – Allaah Willing. Yet, the responsibility remains on you if you neglect paying your uncle his dues.

Allaah Knows best.

Related Fatwa