Q: Last year I had gone for hajj with my family (mother and wife). Before leaving for hajj (during it’s preparation) I had made my wife owner of the amount which was to be spent on her for hajj (Rs.2.5 lakh). During the journey I instructed her to make niyat for Fardh Hajj as she was made owner of money. But by mistake she made niyat for Nafl Hajj and completed the Hajj journey. I would like to ask whether the Hajj she did would be counted as Fardh or Nafl. If Nafl, does she have to do Fardh Hajj now again. At present neither me nor she has any money. She has only her jewellery. If ruling is for Fardh Hajj and either me or she dies before doing it, then what happens. I would like to make it clear it was 1st Hajj for myself and wife.
A: If she made niyyat for nafl hajj then a nafl hajj will be done. The obligation for the fardh hajj is not accomplished.
If she does not do the fardh hajj and she has the ability and means then she will be sinful. However, such a woman should make bequest, then insha-Allah she will be absolved of sin if she cannot do the hajj for some valid reason or the other.
And Allah Ta’ala (الله تعالى) knows best.
Mufti Ebrahim Salejee (Isipingo Beach)