Not all types of debt take precedence over Hajj Fatwa No: 125915
- Fatwa Date:19-1-2014
How do we resolve the seeming contradiction between the statement that paying back the debt takes precedence over Hajj and the Hadeeth in which the Prophet, sallallaahu ‘alayhi wa sallam, says: "The debt of Allaah is worthier to be paid back." What should a Muslim give precedence to, the debt to people or the debt to Allaah?
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.
There is no contradiction between the two matters that makes us need to resolve it. That is because Hajj is due only on a person who is financially and physically able. Allaah The Exalted Says (what means): {And [due] to Allaah from the people is a pilgrimage to the House - for whoever is able to find thereto a way.}[Quran 3: 97]
A person who is required to pay an immediate debt and he does not have what is enough to pay back the debt, perform Hajj and provide for those in his charge, he is not financially able and therefore he is not required to perform Hajj. Rather, he is required to fulfill the right of Allaah by paying back the debt and providing for those in his charge.
If we supposed that there is a contradiction between the two matters, in this case the right of people takes precedence over that of Allaah. That is because the right of Allaah is based on forgiving and tolerance while the right of people is based on dispute, because Allaah is Free of need while people are in need. Moreover, not all types of debt take precedence over Hajj.
Allaah Knows best.