Ruling on taking Hajj expenses from the family of the deceased to perform Hajj on his behalf
Fatwa No: 130427

Question

I performed Hajj on behalf of the deceased father of one of my friends. His family insisted that they give me the expenses that I had during Hajj. I took them upon their insistence but I do not want the money because I feel that I took the reward of Hajj from people while in fact I want the reward from Allaah. Should I give out that money in charity for the sake of the person whom I made Hajj on his behalf, or should I return the money to his family to dispose of it as they like? May Allaah reward you.

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.

 

Performing Hajj on behalf of another person is an act of great virtue, provided that you have performed Hajj for yourself first. Please note, may Allaah bless you, that scholars have differed as to accepting the reward for making Hajj on behalf of another person just as they differed on taking payment for the acts of worship if they were part of the doer’s job. Maalik, Ash-Shaafi‘i and Ahmad in one narration permitted that reward. On the other hand, Abu Haneefah and Ahmad in the famous view of his school forbade it. It is, however, the preponderant opinion is that it is permissible to accept that money based on evidence whose details are outside the scope of this Fatwa. 

It is preferable not to accept such payment to avoid the difference of scholars on the issue and seek reward from Allaah. Bearing this in mind, please note that the money that the family of the father of your friend gave you is not the payment whose ruling is contested among scholars. They only gave you the expenses that you made in Hajj and such expenses are not the payment that is debatable among scholars. Therefore, you can take the expenses without feeling uneasy about it. As you have already taken them, you can dispose of them as you wish. You may use them for your personal needs or give them out in charity for your own benefit or for the benefit of the deceased person. The reward for that charity will reach him by the consensus of scholars, or if you wish, you may return the money to his family.

Allaah Knows best.

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