Rafed English

Borrowing

32. If one does not have the fund [to go to the Hajj], but can borrow [the amount], it is mostahab for him to perform the Hajj through borrowing. [although this would not qualify for Hajjat-al-Islam.]
33. If one was [potentially] able to borrow sufficient money to go to Hajj, it is not obligatory for him to borrow. Furthermore, if one borrowed the money, the Hajj would not be obligatory for him, even if he would be able to pay the money back afterwards.
34. If one does not have sufficient fund available to him for the Hajj expenses, but someone owes him some money that would be sufficient for the purpose, and the time for the payment is due, it is obligatory for him to ask him [the debtor] for the money, and use it for the purpose of the Hajj. Furthermore, if the payment time is not due, but if the debtor were to realise that the individual need the money for the Hajj and he would give him the money, it is also obligatory for him to ask the debtor for the money to use it for the Hajj. If the debtor would not deal with the matter amicably, and the creditor could use the offices or mediation of a third party to get the money for him, it is obligatory for him to do so and use the money for the purpose of the Hajj.
35. If the debtor denied the debt, it would be obligatory upon the creditor to take his case to the court of law even if non-Islamic to prove his right and recover the debt, in order to use it for the purpose of the Hajj. If the debtor could not pay him back, or if the debtor denied the debt and the creditor could not force him to pay him back, or forcing debtor would be difficult for creditor, or if the debt payment is not due yet and the debtor would not pay him if he asked him, the Hajj would not be obligatory for him.
36. If one had in his possession enough fund for the purpose of the Hajj, but at the same time he also owed [others] money, such that if he went to Hajj he would not be able to pay back his debt, the Hajj would not be obligatory for him, regardless of whether his debt is due now or in the future, and whether the debt was prior to obtaining that money or following it. However, if he would be able to repay the debt when it is due, the Hajj would be obligatory for him.
37. If he had enough money for the purpose of Hajj, but he was in debt in terms of the Religious taxes, such as Khums, Zakat, kaffaaraat such that if he paid those dues he would not be able to go to Hajj, it is obligatory for him to pay his dues, rather than going to Hajj.
38. If anyone of certain skill or expertise, who lives off his skill or expertise, inherits a sum that is sufficient for the Hajj purpose, as well as for his family while he is on the Hajj trip, he would be obliged to the Hajj.
39. If one, because of his poverty, receives payments from the Religious taxes such as the Khums and Zakat, inherits a sufficient sum, it is obligatory for him to refrain from accepting those payments, and it is not obligatory for him to go to Hajj with the amount he had inherited. Unless the amount he inherited is such that it would prevent him from accepting payments as well as enabling him to go to the Hajj, in which case the Hajj would be obligatory for him.
40. The Hajj is not obligatory for an individual that, if he wanted to go to the Hajj, he would have to spend everything that he owns to the extent that he would be destitute, even though it would then be possible for him to survive by accepting donation collected for the poor, for example.

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