People Who Do Not Want to Hajj

People Who Do Not Want to Hajj


People Who Do Not Want to Hajj? what is the law?

What is the law for the person who does not list the hajj when he is capable.

Thank you

Answer:

Bismillah was shalatu was salamu 'ala rasulillah, amma ba'du,

The person capable of leaving for a pilgrim to Hajj and he intentionally does not  leave for Hajj, or has the desire to not going for hajj then he commits a major sin. Allah says,

ولله على الناس حج البيت من استطاع إليه سبيلا ومن كفر فإن الله غني عن العالمين

In it are clear signs [such as] the standing place of Abraham. And whoever enters it shall be safe. And [due] to Allah from the people is a pilgrimage to the House - for whoever is able to find thereto a way. But whoever disbelieves - then indeed, Allah is free from need of the worlds.

People Who Do Not Want to Hajj

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When explaining the interpretation of this verse, Ibn Kathir brings information from Umar bin Khatab radhiyallahu 'anhu ,

أن عمر بن الخطاب رضي الله عنه يقول: من أطاق الحلا فلم يحج, فسواء عليه يهوديا مات أو نصرانيا, وهذا إسناد صحيح إلى عمر رضي الله عنه

That Umar bin Khatab radhiyallahu 'anhu said,' Who is capable for Hajj and he does not leave for Hajj, same as, he wants to die as Jews or Christians. '

Ibn Kathir's comment, 'This story sanad is shahih to Umar radhiyallahu' anhu. '

Then it is narrated by Said bin Mansur in his sunan, from Hasan al-Basri, that Umar bin Khatab said,

لقَدْ هَمَمْتُ أَنَّ أَبْعَثَ رِجَالًا إِلَى هَذِهِ الْأَمْصَارِ فَيَنْظُرُوا كُلَّ مَنْ كَانَ لَهُ جَدَّةٌ فَلَمْ يَحُجَّ، فَيَضْرِبُوا عَلَيْهِمُ الْجِزْيَةَ مَا هُمْ بمسلمين، ما هم بمسلمين

I am determined to send some people to various parts of the country, to check who among those who have property, but he does not haji, then they are required to pay fidyah. They are not part of the Muslims ... they are not part of the Muslims. 
(Tafsir Ibn Kathir, 2/85)

Never Hajj Until Die

A person who is financially capable while never hajj until his death, then he can leave for hajj by replaced by others, and the cost is from his inheritance. Although during his life, he never had a will/testament for that.

Al-Buhuti said,

لَوإن مات من لزماه أي الحج والعمرة أخرج من تركته من رأس المال ـ أوصى به أو لا ـ ويحج النائب من حيث وجبا على الميت، لأن القضاء يكون بصفة الأداء

If there are people who are obliged to Hajj or Umrah pass away, then taken his inheritance (for Badal Hajj), whether he has a will or not intend. The badal performs Hajj and Umrah according to the state of the deceased. Because the implementation time of qadha is the same as the execution of worship in time (al-Ada '). 
(ar-Raudh al-Murbi ', 1/249)

Description :

The meaning of ' The Badal performing Hajj and Umrah according to the state of the deceased '

that the badal performing hajj or umrah according miqat/meeqath the dead. If his miqat/Meeqath are from Zamani, then the badal must also take meeqath Zamani.

Meeqath May be Different

Al-Buhuti requires miqat/meeqath people who become badal Hajj must be the same to meeqat of the deceased. But some other scholars argue that miqath does not have to be the same. In Hashiyah ar-Raudh stated,

وقيل: يجزئ من ميقاته, وهو مذهب مالك, والشافعي, ويقع الحج عن المحجوج عنه

Some say, hajj badal may from his own miqat. This is the opinion of Malik and as-Syafii. And his hajj is valid as a substitute for the person who is served. 
(Hashiyah ar-Raudh al-Murbi ', 3/519).

In al-Mughni Ibn Qudamah mention this second opinion,

ويستناب من يحج عنه حيث وجب عليه, الموضع الذي أيسر فيه, وبهذا قال الحسن وإسحاق

He was badal(ed) by a pilgrim (hajj) on his name as same as his condition. Either leave from his country (the dead) or from any place that is easy for him. This is the opinion of Hasan al-bashri and Ishaq. 
(al-Mughni, 3/234).

And insyaaAllah this second opinion that is closer to the truth. Because the desired core is his hajj, not the effort of his hajj departure. Such is the description of Imam Ibn Uthaymeen.

Allahu a'lam.

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