i borrowed R20 000 from my sister to help somebody. The person was in a financial situation and as a result could not make timeous payments (Only managed to make one payment of R1 500.00) and i have been paying my sister about R1 800.00 per month on this person’s behalf to honour the agreement and I planned to recover the money from him. This person has passed in the interim passed away. The concern is that I have been accreditted to go fo Haj however, in order for me to go comfortably (i.e. being able to buy food and money for travel e.t.c) I cannot pay my sister the total balance due to her which is about R13 000.00. The person who passed away’s family contacted me and promised that they will start paying when I get back from Haj. I told them that we should write out an agrement stating that should anything happen to me, they must settle the outstanding amount of R13 000.00 to my sister and the balance that they owe me which i have paid, can be considered as written off. I will obviously give a copy of this agreement to my sister as well. If there is mutual agreement between the three of us on the agreement mentioned, can I go for Haj bearing in mind that one should be debt free for Haj to be accepted? The next question, I have paid off assets (i.e. motor vehicles valued at more than the loan), if the above agreement is not permissible, can I then enter into an agreement with my sister stating that should anything happen to me, then she will be entitled to claim the amount due to her from the sale of the assets. if this is also not permissible, then the last resort is this. She has already advised me that she is willing to enter into an agreement where we state that I can go for Haj and when I come back I must pay her off and if I do not make it back, then she will write off the debt. if the first two options are not permissible, then is this one permissible? If not maybe you can advise of a solution. The other solution is for me to sell my car and pay her off and a make a plan to purchase another when i get back however, with Haj being very close, I might not sell the vehicle in time. Pleae adivse all the permissible means.
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatoh
If there is a mutual agreement between the parties, you may leave for Hajj regardless of the debt on your shoulders. Hajj is valid even if one has debts against his name. Although your concern to settle this debt is laudable, you should not let this hinder you going for Hajj. After all, should something happen to you, your estate will have efficient funds to cover the debt.
And Allah knows best
Wassalam
Mufti M. Kadwa
Darul Iftaa, Madrassah In’aamiyyah