Fatwa: # 19141
Category: Hajj
Country: Oman
Date: 19th January 2011

Title

Can I go on Hajj if I have outstanding loan obligations to pay?

Question

This year i am planning to perform Hajj (inshallah) with my parents.  I came to know that before going to hajj, you have to pay back all types of loans. Two years ago, i have purchased a vehicle with some down payment and remaining amount is agreed to pay by monthly installments in 5 years. At this stage, the value of the vehicle is about 30% higher than outstanding loan i.e. if i sell the vehicle now (or any time), the sale price can pay back the total outstanding loan (installments) plus some amount in cash.

My question is, since the vehicle value is much more than the outstanding loan, can i go to hajj without paying the outstanding vehicle loan (and continue paying the monthly installments) or i need to sell the vehicle to pay back the vehicle loan. As per my understanding, this loan is the form of ""Cash in Hand" (in case something happened to me during hajj period, my loan can be paid off easily by selling the vehicle). Am i right? The main reason i want to perform hajj at the earliest is that i have to take my parents for Hajj and they are getting older and older and i do not want to lose the chance this year (inshallah).

 

 

Answer

In the Name of Allāh, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.


Yes, you can go on Hajj even if you have a loan as long as you are current on your monthly payments to your lender.

If you have fallen behind on your monthly payments then you should seek the permission of your lender before going on Hajj. If you go on Hajj while behind on your payments and without your lender's permission your obligation of Hajj will be fulfilled, although it would be Makruh-Tahrimi.

As an extra precaution it would be better for you to inform your inheritors of your debts and write a bequest stating all your debts.

If one is going on a Nafl Hajj then it's more important for him to use that money to pay off his debts rather than go on Nafl Hajj. [i] [ii] [iii] [iv]


And Allāh knows best.

Ml. Sohail Bengali
Chicago, IL (USA)

Concurred by:

Muftī Abrar Mirza
Chicago, IL (USA)

Under the Supervision of Muftī Ebrahim Desai (South Africa)

 

آب كي مسائل أور أن كا حل، ٤/ ٤٠ مكتبة لدهيانوي [i]

 

 فتاوى رحيمية، كتاب الحج: ٨ / ٤٥-٤٦ دار الإشاعت [ii]

 

قوله ممن يجب استئذانه ) كأحد أبويه المحتاج إلى خدمته والأجداد والجدات كالأبوين ) [iii]

  عند فقدهما ، وكذا الغريم لمديون لا مال له يقضي به ، والكفيل لو بالإذن ، فيكره خروجه بلا إذنهم كما في الفتح ، وظاهره أن الكراهة تحريمية ولذا عبر الشارح بالوجوب ، وزاد في البحر عن السير وكذا إن كرهت خروجه زوجته ومن عليه نفقته .ا هـ .والظاهر أن هذا إذا

لم يكن له ما يدفعه للنفقة في غيبته قال في البحر : وهذا كله في حج الفرض

رد المحتار، كتاب الحج: ٣ /٤٥٤ دار الكتب العلمية

 

وفي فتح القدير والأجداد والجدات كالأبوين عند فقدهما ويكره الخروج [iv]

 للغزو والحج لمديون وإن لم يكن له مال يقضي به إلا أن يأذن الغريم فإن كان بالدين كفيل بإذنه لا يخرج إلا بإذنهما

البحر الرائق شرح كنز الدقائق، كتاب الحج: ٢ /٥٤٠ دار الكتب العلمية

 

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DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
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