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Expiation for vow of hajj

Last updated: 2nd October 2023
Question ID: #9147
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Salaam, I trust you are in good health. I would like to inquire about a situation concerning an individual who pledged to perform Hajj while battling cancer. In their exact words, they said, "Oh Allah, if I regain my health, I will undertake the Hajj pilgrimage." It has been almost 20 years since this vow has been made and it stands unfulfilled.I came across a passage in Al-Hidaya which suggests that according to Imam Abu Hanifa and Imam Muhammad, expiation may serve as a substitute for fulfilling this vow. Excerpt from Hidaya: "If he links the vow of consecration to a condition, and the condition is found, then he must fulfil the vow itself, due to the absolute terms of the tradition, because what is suspended on a condition is one that requires immediate performance in his view. It is narrated from Abu Hanifah (God bless him) that he withdrew that opinion and said: If he says, "If I do such and such thing then I am under an obligation to perform hajj or to fast for a year or give in charity what I own," it is to be deemed compensated through expiation for the vow. This is also the view of Muhammad (God bless him)" We would highly appreciate it if you could provide clarity on the matter.

بسم الله الرحمن الرحيم

الجواب حامداومصليا

The Matn (Fiqh text) means one has a choice to give Kaffara or fulfil the vow as there is both meaning of oath and a vow. In contrary to when one says ‘If Allah cures me from my illness……’ etc, there is no oath here but a vow which only needs to be fulfilled when the condition is present. So if you get cured you will have to fulfil Hajj.

قال في الهداية وهذا إذا كان شرطا لايريد كونه لأن فيه معني اليمين وهو المنع وهو بظاهره نذر فيتخير ويميل إلي أي الجهتين شاء وبخلاف ما إذا كان شرطا يريد كونه كقوله إن شفي الله مريضي لإنعدام معني اليمين فيه وهذا التفصيل هو الصحيح اه
(اللباب في شرح الكتاب ٥/٢٥، دار البشائر الإسلامية)

And Allah knows best

26 Rabiul Awwal 1445/ 11 October 2023

Answer last updated on:
12th October 2023
Answered by:
Ulamaa ID 04
Location: London