A commitment stipulated in the marriage contract to perform Hajj with the mother


A: After your father's payment of five hundred riyals as partial fulfillment of his debt to your mother, and his exoneration from another five hundred riyals, now only one thousand remains as a debt due on him. If he has solemnly promised to perform Hajj on behalf of your grandmother, he must live up to his promise without delay. However, if he is unable to do it himself due to his being occupied, he may deputize someone whom your mother accepts as deputy and he should give him an adequate sum of money to perform Hajj, even if the costs are greater than the sum he had initially received. Your father is responsible for the delay in performing the Hajj all these past years, because the sum was enough in the past. If your father deputizes you to perform Hajj for your grandmother and your mother consents, this is permissible, whether you take the money from your father or leave it to him. It should be noted that two obligations of Hajj cannot be fulfilled by the performance of one Hajj: One on behalf of the person performing it and another which is done by proxy. As for his commitment to perform Hajj with your mother, he should fulfill it and take her to perform Hajj, as stipulated in the marriage contract. He should not deputize anyone to perform Hajj on her behalf as long as she is able and living. It is better for him to take your mother to Makkah to perform Hajj for herself and he performs Hajj on behalf of your grandmother, provided that he had already performed Hajj for himself. If he had not performed Hajj for himself, he must do so for himself first. (Part No. 10; Page No. 46) May Allah grant us success. May peace and blessings of Allah be upon our Prophet Muhammad, his family and his Companions.


Tags: