Praise be to Allaah.
One of the conditions
of Hajj being obligatory is being able to do it, because Allaah says
(interpretation of the meaning):
“And Hajj (pilgrimage to
Makkah) to the House (Ka‘bah) is a duty that mankind owes to Allaah, those
who can afford the expenses”
[Aal ‘Imraan 3:97]
This includes being able to do it both physically and
financially.
With regard to being able to do it physically, this means
being physically sound and able to endure the hardship of travelling to the
Sacred House of Allaah and performing the rituals of Hajj.
With regard to being able to do it financially, this means
being able to afford the means of transportation to and from the Sacred
House of Allaah.
The Standing Committee (11/30) said:
With regard to being able to perform Hajj, this means being
physically healthy as well as having the means of transportation to the
Sacred House of Allaah by plane, car or riding animal, or being able to pay
for that, according to one's situation, as well as having sufficient
provisions for the journey there and back. That is in addition to having
enough to cover the expenses of those on whom he is obliged to spend until
he returns from Hajj. A woman should also have a husband or mahram with her
when travelling for Hajj or ‘Umrah. Ends.
So it is essential that the money which one uses to travel to
the Sacred House is money that is surplus to one’s basic needs, financial
shar’i obligations, and any debts that may need to be paid off. Debts here
refers to duties that one owes to Allaah, such as expiations, and the rights
of other people.
If a person owes a debt and he cannot afford both to perform
Hajj and pay off the debt, then he should start by paying off the debt, and
Hajj is not obligatory for him. Some people think that the reason is that
the lender has not given him permission and that if he asks him for
permission and he gives it, there is nothing wrong with that. Shaykh Ibn
‘Uthaymeen said (in al-Sharh al-Mumti’, 7/30): There is no basis for
this notion, rather the reason is his being under an obligation. Ends.
If the lender gives the debtor permission to go for Hajj then
the debtor still owes the money, and his obligation is not discharged by him
being given this permission. Hence it is said to the debtor: Pay off the
debt first, then if you have enough money left to perform Hajj, do so,
otherwise Hajj is not obligatory for you.
If a debtor who did not perform Hajj because of debt dies, he
will meet Allaah with his Islam complete and he will not be regarded as
neglectful or heedless, because Hajj was not obligatory for him. Just as
zakaah is not obligatory for one who is poor, the same applies to Hajj.
But if he gives Hajj priority over paying off his debt and he
dies before paying off the debt, then he will have made a mistake. If a
martyr is forgiven everything except debt, then what about anyone other than
a martyr?
What is meant by shar’i financial obligations is expenditure
that is required by sharee’ah, such as spending on oneself and one’s family,
without being extravagant or wasteful. If a person is of average means but
he wants to look like he is rich, so he buys an expensive car to compete
with rich people, and he does not have enough money to perform Hajj, then he
has to sell the car and use that money to perform Hajj, and he should buy a
car that suits his means. His spending on this car is not a legitimate
shar’i expense, rather it is a kind of extravagance, which is forbidden in
sharee’ah.
What matters in spending is that he should have enough to
provide for himself and his family until he returns from Hajj, and he should
have enough after he returns to cover his own expenses and those of the
people under his care, such as rent, salaries and business, etc.
So he does not have to perform Hajj with the capital of his
business, from the profit of which he spends on himself and his family, if
that reduction of his capital will result in a reduction of his profits
which will mean that there will not be enough to provide for himself and his
family.
The Standing Committee (11/36) was asked about a man who had
a sum of money in an Islamic bank and his salary, along with the returns
from his investment, is sufficient for him to live a moderate lifestyle.
Does he have to perform Hajj using that capital, knowing that this will
affect his monthly income and standard of living?
They replied:
If your situation is as described then you are not obliged to
perform Hajj because you are not able to do so according to the criteria
stipulated in sharee’ah. Allaah says (interpretation of the meaning):
“And Hajj (pilgrimage to
Makkah) to the House (Ka‘bah) is a duty that mankind owes to Allaah, those
who can afford the expenses”
[Aal ‘Imraan 3:97]
“and [Allaah] has not
laid upon you in religion any hardship”
[al-Hajj 22:78]
What is meant by basic needs is that which a person needs a
great deal in his life and which it is too hard for him to do without, such
as books for a seeker of knowledge. We would not tell him to sell his books
and use that money to perform Hajj, because they are basic needs for him.
The same applies to a car that a person needs; we would not tell him to sell
it and use the money to perform Hajj. But if a person has two cars and only
needs one, then he has to sell one of them and use the money to perform
Hajj.
Similarly a craftsman does not need to sell his tools,
because he needs them. And a man who drives a taxi and spends on himself and
his family from the money he earns from it, he does not have to sell it and
perform Hajj.
Another basic need is the need to get married. If a man has
money but he needs to get married and is going to use that money to do so,
then he should give priority to marriage.
See also Question no.
27120.
So what is meant by being financially able is
that a person should have enough money to perform Hajj after paying off his
debts, fulfilling his shar’i financial obligations and meeting his basic
needs.