Kindly refer below our standard reply to similar queries.
and Allah Ta’ala Knows Best
Mufti Ebrahim Desai
FATWA DEPT.
Q: A person is heavily indebted to the bank by way of overdraft and to
private business houses. Is Hajj compulsory upon him? If not, can he perform
Hajj?
A: It is forbidden to engage in any interest bearing transactions. As long
as a person is involved in an overdraft, he will be incurring sin.
Hajj is compulsory on a person who has the financial means to travel to
Makkah Mukarramah and be able to maintain himself there and his dependants
(if any) at home. As for other debts, if a person is heavily indebted and
his liabilities exceed his assets, Hajj is not compulsory upon that person.
If he fulfils his monthly commitments and his creditors do not have any
arrears claim against him, he will not be infringing on the rights of his
creditors by performing Hajj on condition that he is sincere in fulfilling
the remaining amount according to the commitments. If the creditors have
arrears claims against him, he will be infringing on their rights by
performing Hajj. Hence, he cannot perform Hajj unless he receives the prior
consent of his creditors claiming arrears from him.