Rafed English

Hajj by Grant

54. Just as one can meet the prerequisites for qualifying for the Hajj through his own possessions and wealth, those preconditions are also met by receiving a grant that is sufficient for the expenses of the Hajj. This is so regardless of the number of donors [of the grant], or whether the donor(s) arranged for the journey to and from, or forfeited the cost, or in any other way and arrangement. The recipient is considered mostatee' able and liable to the Hajj, and it is obligatory for him to perform the Hajj in the same year and that would qualify for the Hajjat-at-Islam.
55. If performing the Hajj would not affect the means of living and sustenance of the recipient concerned, then he is obliged to perform the Hajj. Otherwise, if performing the Hajj would affect his means of living after he returns, like if he earned his year-long income during the Hajj season [in his hometown], and if he were to perform the Hajj he would have missed that opportunity [of earning for the year, he would therefore not be obliged to Hajj], since Return to Sufficiency is one of the preconditions of the Hajj.
56. If an individual granted another a sum that is sufficient for going to Hajj with, but he did not make it conditional to go to Hajj with, the recipient is not obliged to accept it, and thus he is not obliged to Hajj. However, if he accepted the sum, he would be obliged to Hajj since he became mostatee'.
57. If an individual granted another a sum that is sufficient for going to Hajj with, and made it conditional to go to Hajj with, or if he gave him the option of either going to Hajj or elsewhere, the recipient is obliged to accept and to Hajj, since with that [donation] he became mostatee'. Unless, however, in accepting the donation there is a difficulty or the recipient would find himself morally obliged to the donor, in which case it is not obligatory for him to accept.
58. If one became mostatee' through grant or donation, and if he also owed money, if his going to Hajj would not hinder him from paying off his debt, or if it did the creditor would put up with the delay, it is obligatory for him to accept the offer [of the donation] and perform the Hajj. However, if his going to Hajj would hinder him from paying back his debt, or the creditor would not agree to the delay, then he would not be obliged to accept [the offer of donation] nor to Hajj.
59. If one donated a sum to a group so that one of them could go to Hajj, if one of that group rushed to him [to accept the grant] he would be obliged to the Hajj, but the rest would not. If no one rushed to him and they were all able to go to the Hajj [with the exception of the financial ability] they would all continue to be obliged to go to Hajj [until one of them opts to accept the offer, when this obligation would be annulled for the rest].
60. As a result of a donation, the recipient becomes liable to the Hajj, which he must discharge as a duty. Thus if an individual, whose responsibility [if he were mostatee'] is to perform the Tamattu Hajj, was donated [the cost of] the Qiraan or Ifraad Hajj, he is not obliged to accept the offer. Similarly, if one, who had already performed the Hajjat-al-Islam, was offered a donation, he would not be obliged to accept the offer nor would he be obliged to the Hajj.
61. In the case of an individual who was obliged to perform the Hajj through, say, a vow and the like, but could not afford it, if he was offered a donation, he is obliged to accept it and he would be obliged to the Hajj, and through that he would discharge his duty. The same is applicable to an individual who became mostatee' but did not perform the Hajj until he was unable to do so, if he was offered a donation.
62. If one lost the money that was donated to him to perform the Hajj, the obligation [of the Hajj] is annulled, regardless of whether the loss occurred before, during, or after the trip, unless he has enough money to complete the Hajj, provided the Return to Sufficiency aspect is taken into account. In this case, he is obliged to perform the Hajj and this will qualify as the Hajjat-al-Islam.
63. In the case of Hajj by Granted, the cost of the Had'y should also be borne for by the donor. If the donor did not pay for the cost of the Had'y, the recipient would not be considered liable to the Hajj, unless he can afford the cost, in which case he would be liable to the Hajj.
64. It is permissible for the donor to withdraw his offer if he does so before the recipient declares and assumes the ihraam. In that case the donor should cover the cost of the journey the recipient undertook until he is back in his hometown. If the recipient declared and assumed ihraam, as an obligatory precaution, the donor should not withdraw his offer.
65. In the case of the donor withdrawing his offer, if the recipient had enough [money] to continue the Hajj, he would be considered mostatee', and he is obliged to continue the Hajj, and this would qualify for the Hajjat-al-Islam. If he did not have enough money to continue the Hajj, the obligation of the Hajj is annulled for him.
66. If the recipient performed the Hajj, and afterwards it became clear that the donated money was usurped, that Hajj would not qualify for him as Hajjat-al-Islam. It would be the right of the owner of the money to claim his money either from the donor or from the recipient. If the owner sought the money from the recipient, [and the latter paid him,] it would be the recipient's right to refer to the donor [to recover the money he paid the owner]. Unless the recipient knew of the money being usurped, in which he has no right to refer to the donor.
67. If the recipient committed any of the ihraam's forbidden acts that are liable to a kaffaarah, he should pay for the kaffaarah from his own money.
68. If one made a will, vow, etc. to donate a sum of money sufficient for the Hajj, and made it conditional for it to be used for the Hajj, if the money was given to the party concerned, it would be obligatory for that individual to accept and perform the Hajj. But if the usage of the money was not made conditional for the Hajj purpose, he would neither be obliged to accept [the offer] nor to the Hajj.
69. It is mostahab desirable for one to donate money to enable those who have not performed the Hajj to do so, in which case it would qualify Hajjat-al-Islam for them.

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