Wants to perform Hajj and give charity on behalf of her dead fiancé
Fatwa No: 131398

Question

Assalamualikum.I would like to ask two question. My fiance last month had gone in jammat for 40 days and there he got swin flu in which he died.next month we were suppose to marry but he is no more. he wanted to perform hajj next year with me, can i do hajje badal on his behalf or ask some body else to do.what all prayer should i say for him for his makfirat.(forgivness). when he was in hospital he called and said what ever property etc, he is having wanted to give me.if i get, can i take that and use that for any madrassa or charity to needy person in his name.

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 ( may  Allaah exalt his mention ) is His slave and Messenger.

 

With regard to Hajj, it is permissible for you or for anyone else to perform Hajj on behalf of the person whom you mentioned in the question on the condition that the person who performs Hajj on him (the dead) has already performed Hajj for himself; for more benefit, please refer to Fatwa 84509.

As for the wording of supplicating for him, then there are many supplications that were reported in the Book of Allaah and the Sunnah of the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) for seeking forgiveness for the dead or for the people who are still alive. Therefore, you may supplicate for him with the supplication which the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) supplicated with for Abu Salamah  may  Allaah  be  pleased  with  him when the latter died. Umm Salamah  may  Allaah  be  pleased  with  her said: "The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) entered upon Abu Salamah (when he died). His [Abu Salamah’s] eyes were fixedly open. So, he [the Prophet] closed them, and then said: “When the soul is taken away the sight follows it.” Some of the people of his family wept and wailed. So he, sallallaahu ‘alayhi wa sallam, said: “Do not supplicate for yourselves anything but good, for the angels say "Aameen (Amen)" to what you say. He  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) then said: “O Allaah, forgive Abu Salama, raise his degree among those who are rightly guided, grant him a successor in his descendants who remain. Forgive us and him, O Lord of the Universe, and make his grave spacious, and enlighten it for him.” [Muslim]

As regards his statement that he wants to give his wife all his properties, then if there is evidence for this – if the heirs or two trustworthy witnesses assert this – then his words are considered as a will, in which case, you are entitled to take only a third from the inheritance [as you are only his fiancée and not his wife], and what exceeds a third cannot be valid unless with the consent of his adult and rational heirs. If you take a third, you may donate it on his behalf because it is permissible to give charity on behalf of the dead.

Allaah Knows best.

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