Fatwa n°: 301
Category: Fatwas of hajj
Concerning the warning against someone who neglects hajj
with the ability of performing it
I have read in the book “Al-Kabâ'ir” (The Major Sins) of Imam Al-Hâfid Shams Ad-Dîn Adh-Dhahabi that the Prophet صلَّى الله عليه وسلَّم said: “Whoever owns provision and a transportation that allow him to perform hajj to the sacred House but does not perform it, there is no blame if he dies as a Jew or a Christian”. So, I can afford hajj, but we, me and my wife, economize money in order to buy a house. So what is the ruling of this deed?
All praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon whom Allah sent as a mercy to the Worlds, upon his Family, his Companions and his Brothers till the Day of Resurrection.
This hadith intends to cast a harsh warning on the one who can afford hajj but do not perform it, and over-reproaches the one who neglects it, and this, by comparing him to a Jew or a Christian. Ahl Al-Kitâb (People of the Book; the Jews and Christians) are specifically mentioned here, because they do not abide by the Book. So, the one who neglects hajj is compared to them as he does not also abide by the Book of Allah and fling it behind his back as if he did not know it. It is known that the ability of performing hajj comes after the essential needs like food, drink, garment and other basic livelihoods.
Whereas, the hadith mentioned in the question cannot be taken as a proof to support what is explained above, since it does not stand as a proof. In fact, it is reported by At-Tirmidhi in the chapter of “Hajj” number (817) from the Marfû`( raised to the Prophet صلَّى الله عليه وسلَّم) hadith of Ali رضي الله عنه. He (At-Tirmidhi) said: “This is a Gharîb(strange) hadith, its Isnad (chain of narration) is criticized”. Al-Albâni judged this hadith as Da`îf (weak) in “Da`îf Al-Jâmi`” number (5860) and in “Da`îf At-Targhîb Wat-Tarhîb” number (753).
The enjoined person (to perform religious duties) should know that the basic necessity of a house is taken into consideration only if he does not have a personal house, but if he has a convenient house or he wants just to acquire another residence more than his need, he must -in such a case- give precedence to hajj and perform his duty as well as he is able.
The perfect knowledge belongs to Allah سبحانه وتعالى. Our last prayer is all praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon our Prophet, his Family, his Companions and his Brothers till the Day of Resurrection.
Algiers Shawwâl 13th, 1426 H
November 15th, 2005