Someone performs Hajj from unemployment compensation given to him and his wife and children
Fatwa No: 148547

Question

There is someone who lives in Germany along with his wife and children. Since both he and his wife are jobless, the work circle gives them the residence charge in addition to three hundred and fifty euros for each as well as two hundred euros for the children. This man could save a good sum of money from what is given by the state to him, his wife, and children. He has actually saved the expenses of Hajj and would like to perform Hajj from this money. Is it permissible for him to perform Hajj from this money that was given to him by the state? Is it permissible for him to take from the money given by the state to his wife and children to perform Hajj therewith?

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.

There is no sin on the part of this person to perform Hajj from the money that was given to him by the state; and it is permissible for him to take something from the money given by the state to his children as well because it is permissible for the father to take and possess what he likes from his child’s property in so far as it causes no harm to the child. The evidence for that is taken from the statement of the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, “You and all that which you possess of property belong to your father.” [Ahmad and Ibn Majah]

In As-Sayl Al-Jarrar, Ash-Shawkani says about this Hadeeth, “This Hadeeth indicates that he (the father) becomes (financially) able (to perform Hajj) once his child’s wealth is sufficient to enable him to perform Hajj...

This is so provided that, as we have previously mentioned, no harm should be caused to the child by taking from his money. The following is what has been mentioned in the Fataawa of the Permanent Committee, “And if a father takes from the money of his child what causes no harm to the child and is beyond his need, then he has the right to dispose of what he has taken and to perform Hajj from it.

As for the money given by the state to the wife, it is impermissible for the husband to dispose of it regardless of whether it be for Hajj or for any other purpose, without her leave.

Allaah Knows best.

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