Hajj Badal on Behalf of a Deceased Father

Question

Hajj was fard upon Zayd’s late father, but out of ignorance and negligence he was unable to fulfil the obligation of Hajj, until such a time came upon him that he fell heavily into debt, and he passed away in debt, having made no bequest concerning his Hajj. After his death Zayd paid off all the debts of his late father. Now the thought has occurred to him to have Hajj badal (proxy Hajj) performed on behalf of his late father and to relieve him of this obligation as well.

Answer

The father did not give an instruction (nasiha) regarding Hajj badal, so having Hajj badal performed on his behalf is not fard; and Hajj is fard upon Zayd himself. Therefore he should first perform his own fard Hajj; then, if he has the means, he should also perform Hajj on behalf of his father — the reward will reach him too.

Source: Fatawa Mahmudiyya

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