I have got conflicting priorities in my life and I need some direction to set them right. 1. Hajj on my wife and myself are due and we have been postponing it for a couple of years now. 2. I bought a house 5 years ago on mortgage for which I am paying interest. 3. I owe Mahr money to my wife, which I agreed to at the time of Nikah 13 years ago. My wish is to go to Hajj as soon as possible, may even be next year, InshaAllah. The rate at which I am paying mortgage it may be another 8 to 10 years (could be more) before I?ll be mortgage free. About the Mahr, even though I have given some gifts to my wife over the past 13 years, the intention was not to give her as part of the Mahr, therefore, I guess, the original amount of Mahr is still due on me. Need your guidance to determine my course of action and set my priorities correctly. Should I go to Hajj before I pay off Mahr and then mortgage or do in reverse order?
1. You are correct in saying that the Mahr is still due to her. We suggest you request her to waive away this right in your favour. In other words, she should absolve you completely of this amount.
2. At the outset, you should bear in mind that Interest ? even the payment of interest ? is Haraam. Allah Ta’ala has declared war on interest. Since you have already committed yourself, you should make Tawbah, continue begging Allah’s forgiveness and pay up the mortgage as soon as you can.
3. Since Hajj was Fardh on you prior to you landing yourself in debt, Hajj will still remain an obligation upon you throughout your life until you fulfil this obligation. We suggest you plough all your excess cash into the payment of your debt and at the time of Hajj next year, if you do have the cash available, perform your Hajj with the cheapest and shortest Hajj package available.
4. You should also make Wasiyyah (instructions in your will) instructing your heirs to get the Hajj performed on your behalf if your death precedes you discharging this obligation. This is more of a safeguard.
and Allah Ta’ala Knows Best
Mufti Muhammad Kadwa
FATWA DEPT.
CHECKED AND APPROVED: Mufti Ebrahim Desai