Zakaah on loans which may not be repaid

A person has money which he lent to some of his brothers and acquaintances, and he may or may not get it back. He is asking whether he has to pay zakaah on it.

Praise be to Allaah.

If a person is owed money by a rich man that reaches the amount of the nisaab, or when added to the money he has would bring the amount up to the nisaab, he must pay zakaah on it, and when he gets the money back he should pay zakaah for the time that has passed, whether it is a year or more. If he pays zakaah on it before he gets it, that is fine. If the person who owes the money is not rich, he should pay zakaah one year after he gets the money, even if more than a year has passed. This is one opinion reported from Imaam Ahmad; it is also the opinion of Maalik and of Shaykh Muhammad ibn ‘Abd al-Wahhaab (may Allaah have mercy on him). Allaah is the Source of strength. May Allaah bless our Prophet Muhammad and his family and companions.

Should he do Hajj on behalf of his deceased father who did Hajj, or on behalf of his elderly mother who has not yet done Hajj?

I performed the obligatory Hajj last year, praise be to Allah. 
My mother has not done Hajj and she is over 65 years of age. Because of her health and the situation in Egypt, she is not able to do Hajj.
My father died this year at the age of 80; he did Hajj twenty years ago. 
Is it better for me to do Hajj on behalf of my father, for whom I hope for speedy forgiveness from Allah, and I do not want to wait until next year, or should I do Hajj on behalf of my mother who has not done Hajj before? 
Is it essential for me to take money from her wealth for the expenses of Hajj? Or is it permissible for me to pay for it, even though my mother has enough money for that? 
I asked my mother to be pleased with me in this world and in the Hereafter, and never to be angry, and I asked my brothers to bear witness to that, knowing that I always try to make her pleased with me.

Praise be to Allaah.

If your mother is unable to do Hajj herself for a reason for which there is no hope of an end, and she has enough money to do Hajj, then she should appoint someone to do Hajj on her behalf. If you volunteer to do Hajj on her behalf, that is part of honouring her, and it is not essential that the expenses of Hajj be paid from her wealth. 

See the answer to question no. 36841. 

With regard to whether your Hajj this year should be on behalf of your father or your mother: 

The answer is that you should do it on behalf of your mother. That is for two reasons: 

1.     Hajj on behalf of your mother is obligatory, because she has not done Hajj before, whereas Hajj on behalf of your father would be naafil (supererogatory), and what is obligatory takes precedence over what is naafil.

2.     If there is a conflict between the rights of the father and the rights of the mother, then the rights of the mother take precedence, because she has three times the rights of the father. That is indicated by the report narrated by al-Bukhaari (5971) and Muslim (2548) from Abu Hurayrah (may Allah be pleased with him) who said: A man came to the Messenger of Allaah (blessings and peace of Allah be upon him) and said: Which of the people is most deserving of my good companionship? He said: “Your mother.” He said: Then who? He said: “Then your mother.” He said: Then who? He said: “Then your mother.” He said: Then who? He said: “Then your father.”  

Al-Qurtubi said: What is meant is that the mother is entitled to the greater share of the son’s kindness, and she takes precedence in the case of a conflict with the father’s rights. 

‘Iyaad said: The majority are of the view that the mother takes precedence over the father with regard to the son’s kindness. And it was said that their rights are the same, but the former view is more correct. 

End quote from Fath al-Baari, 10/402 

With regard to your saying “I asked my mother to be pleased with me in this world and in the Hereafter, and never to be angry, and I asked my brothers to bear witness to that, knowing that I always try to make her pleased with me”, there is nothing wrong with your asking her to be pleased with you in this world. But with regard to asking her to be pleased with you in the Hereafter, this is something that cannot be guaranteed in this world; it is something that one cannot be certain about. 

The Hereafter is something unknown (ghayb) and no one can be certain about anything with regard to it. 

So continue striving to please her and honour her until you attain that. 

With regard to your father, your du‘aa’ for him is better than doing Hajj on his behalf, so offer a lot of du‘aa’ for him. “and say: ‘My Lord! Bestow on them Your Mercy as they did bring me up when I was young’” [al-Isra’ 17:24]. 

And Allah knows best.

Following note from Learning Quran online Blog

Learn holy Quran online which it self states in it that only those who are learn quran and pure should touch the holy text: This is indeed a Quran in Arabic in a book well-guarded, which none shall touch but those who are clean (56:77-79).  One should make formal ablutions before handling or Quran reading and this the quran tutor should tell in his quran teaching when quran for kids lessons are going on. After intercourse or menstrual bleeding one should not touch the holy Quran or do quran recitation and also not do quran memorization until after bathing non-Muslim should not handle the sacred text, but may listen to Quran online or read quran translation or exegesis. With all these things in mind when one is not reading or reciting holy Quran it should be closed and stored in nice and clean place, it should never be placed on floor or in a bathroom and Muslim should focus on reading quran the tajweed quran and its rules with a proper institute.

End of the note by holy Quran reciter

Should he perform the obligatory Hajj or give the money in charity to his neighbour who is poor?

If I still have to do the obligatory Hajj, and I am soon going to go for Hajj, but my neighbour cannot find enough to eat every day, is it better to go for Hajj or to give the money I had set aside for Hajj to my poor neighbour, and delay Hajj until next year?.

Praise be to Allaah.

The majority of scholars are of the view that it is obligatory to do Hajj immediately for everyone who has the means. 

Ibn Qudaamah (may Allah have mercy on him) said in al-Mughni (3/212): 

If a person is obliged to do Hajj and he is able to do it, he has to do it straight away and it is not permissible for him to delay it. This is the view of Abu Haneefah and Maalik. That is because Allah, may He be exalted, 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 (for one’s conveyance, provision and residence); and whoever disbelieves [i.e. denies Hajj (pilgrimage to Makkah), then he is a disbeliever of Allaah], then Allaah stands not in need of any of the ‘Aalameen (mankind, jinn and all that exists)”

[Aal ‘Imraan 3:97]. End quote. 

What is meant by having the means is having the physical and financial ability to do it. 

It says in Fataawa al-Lajnah al-Daa’imah (11/30): 

Having the means with regard to Hajj means being in physical good health; having the means of transportation to reach the sacred House of Allah, by plane, car or mount, or by being able to pay for that according to one’s situation; and having sufficient provisions for the journey there and back. This is on condition that this is surplus to the expenses of those on whom one is obliged to spend until one comes back from Hajj. A woman should also be accompanied by her husband or a mahram even when travelling for Hajj or ‘Umrah. End quote. 

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: 

Having the means is of two types: having the physical means and have the financial means. Having the financial means is a condition of it being obligatory and having the physical means is a condition of performing it. End quote. 

Al-Liqa’ al-Shahri, 1/391 

As you have the means, it is an individual obligation upon you to go for Hajj, and this takes precedence over giving charity to your poor neighbour, because he is one of those on whom you are not obliged to spend and your charity to him – when this is the case – comes under the heading of voluntary and naafil actions, and what is obligatory takes precedence over what is voluntary. 

Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said: 

Doing Hajj in the manner prescribed in sharee‘ah is better then charity that is not obligatory. 

But if he has relatives who are in need or there are poor people who are so poor that they need maintenance, then giving charity to them is better. 

But if in both cases it is voluntary, then Hajj takes precedence because it is an act of worship that is both physical and financial. End quote. 

Al-Ikhtiyaaraat, 116 

And Allah knows best. 

See also the answers to questions no. 83191 and 106555.

He wants to use the student bursary to go for Hajj

At university a student is given a maintenance grant and a bursary of over £3000. Instead of using this to pay for my university course, would it be OK if I took a student loan for one year and then used the grant and bursary to go to hajj.

Praise be to Allaah.

If the University or the body that gives this bursary stipulates that it should be spent on matters having to do with study, then he has to adhere to that stipulation and not spend it on anything else, even if it is for Hajj. 

If the body that granted this bursary did not make any such stipulation; rather it gave it to him because he is a student, then it has become his property on the basis that he is entitled to it, and he may spend it on whatever he wants of permissible things or save it for Hajj and take a student loan to spend on his maintenance. 

But that is on condition that this loan is not based on riba and does not involve paying back more than he took, even if the additional amount is very small, because that is riba which is haraam. 

But we do not advise the questioner to get involved in debt, even with the aim of doing Hajj; rather it is not permissible for him to get into this loan in the first place if he does not have the means to pay it back and does not have any hope of doing so. 

If he does hope that he will be able to pay back, there is nothing wrong with him taking it on, so long as it is free of riba. But it is better for a person not to take debt upon himself whenever it is possible to avoid that. 

See also the answers to questions no. 3974 and 81465 

And Allah knows best.

Can he delay Hajj because his wife is sick?

My question is regarding what the reasons are for a man to delay his hajj until the following year. my husband is a business man which does carry dept but alhumdulilah it would be covered and sorted out by his business partner if something were to happen to him. also i am expecting our forth child marshaallah and am due to give birth 6 weeks before hajj begins, i also suffer with a joint problem called spd its in the hips, so my mobility is very limited during pregnancy and anf for a while after giving birth. i do not have family support around me to help the the other children and by my husband going for hajj this year i would find it very hard dealing homelife in his absence. are either of these reasons a valid excuse to delay hajj until 2012?.

Praise be to Allaah.

Firstly: 

What is obligatory for a Muslim when he has the means is to hasten to perform the obligation of Hajj, because the Prophet (blessings and peace of Allah be upon him) said: “Hasten to do Hajj – i.e. the obligatory Hajj – for one of you does not know what is going to happen to him.” Narrated by Ahmad (2721); classed as saheeh by al-Albaani in al-Irwa’ (990). And he (blessings and peace of Allah be upon him) said: “Whoever wants to do Hajj, let him hasten to do it.” Classed as hasan by al-Albaani in Saheeh Abi Dawood (1524). 

Secondly: 

If the wife will be adversely affected by her husband travelling for the obligatory Hajj, in the sense of real harm and not something that is imaginary, then in this case it is permissible for the husband to delay Hajj until the following year, because Allah, may He be exalted, 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 (for one’s conveyance, provision and residence)”

[Aal ‘Imraan 3:97]. 

If he fears for his family, then he cannot afford to go for Hajj. 

But if the husband can leave with her a woman from among his relatives or a servant to help her, then he has to travel for Hajj, and he may not stay in Makkah for a long time after Hajj. 

If he is not able to do that and his wife needs him to be with her, then there is nothing wrong with him delaying Hajj, and he is excused. 

And Allah knows best.

Interruption of tawaaf or sa'I

Is it permissible to interrupt tawaaf or sa'i?

If a person is performing tawaaf (circumabulation around the Ka'bah) or sa'i (between Safa and Marwah), and he comes across a need (e.g., he is thirsty and wants to drink something, or loses someone from his family members and stops to look for him, or becomes tired and wants to take some rest), and if the break was short, then he may continue his tawaaf from where he left off. If the prayer is called and he interrupts his tawaaf to pray, the scholars have disagreed on this issue. The most conservative opinion is that when he continues his tawaaf, he should not count the last round which he left incomplete.1
The issue of taking a rest in tawaaf and sa'i, however, is based on the condition that tawaaf and sa'i should be completed contiguously. In sa'i, continuity is not a requirement according to the best opinion.2
So, if a person is performing sa'i, and he breaks after some of the rounds, and then comes back to complete them, this would be considered permissible. However, regarding continuity of tawaaf, the scholars have two opinions:
That continuity is waajib (mandatory), and that a long discontinuity without due justification nullifies the tawaaf. That continuity is a sunnah, and the tawaaf is not nullified even though the break was long.3 However, it is better to act according to the first opinion.1 Fataawa Al-Hajj Wal 'Umrah by Ibn Baz, p. 80; Al Majmu' by Al-Nawawi, 8/49.
2 Al-Mughni, 3/414.
3 Al-Majmu' by Al-Nawawi, 8/47

It is Sunnah to acknowledge the Black Stone after performing two rak’ahs of Tawaaf and before performing al-Saa’iee

Is it part of the Sunnah to acknowledge the Black Stone after performing two rak’ahs of Tawaaf and before performing al-Saa’iee

Praise be to Allaah.

Passing the Black Stone and acknowledging it, after praying two rak’ahs of Tawaaf and drinking from the well of Zamzam and before going out to perform al-Saa’iee is proven to be part of the saheeh Sunnah, but it is mustahabb (encouraged), not waajib (obligatory), so there is nothing wrong with not doing it.

The proof (daleel) that it is in accordance with the Sharee’ah is the hadeeth of Jaabir (may Allaah be pleased with him), reported by Muslim, in which he described the Hajj of the Prophet :

". . . Then he went back to the Rukn (the corner of the Ka’bah where the Black Stone is situated) and acknowledged it, then he went out through the gate towards al-Safaa’."

Al-Tirmidhi reported from Jaabir that: "When the Prophet came to Makkah, he entered the Mosque and acknowledged the Black Stone, then he passed to the right of it and ran for three (circuits of Tawaaf) and walked for four. Then he came to al-Maqaam and said: ‘Take Maqaam Ibraaheem as a place of prayer.’ He prayed two rak’ahs with the Maqaam between him and the House (Ka’bah).’ Then he came to the (Black Stone) after praying two rak’ahs and acknowledged it. Then he went out to Safaa’ and I think he said, ‘Safaa’ and Marwa are of the Symbols of Allaah [al-Baqarah 2:158].’" (Sunan al-Tirmidhi, 784).

Al-Tirmidhi said: The hadeeth of Jaabir is a saheeh hasan hadeeth and the scholars ruled that we should act in accordance with it).

Al-Nawawi, may Allaah have mercy on him, said: "This is evidence in favour of the opinion of al-Shaafi’i and other scholars, that after performing Tawaaf al-Qudoom (the Tawaaf of Arrival) and praying behind the Maqaam, a person should go back to the Black Stone and acknowledge it, then go out through the Gate of Safaa to perform al-Saa’iee. The scholars agree that this acknowledgement is not obligatory, but it is Sunnah; the one who does not do it is not obliged to offer a sacrifice in compensation. (Saheeh Muslim bi Sharh al-Nawawi, 8/428).

And Allaah knows best.