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Can family members who haven’t performed hajj finance my hajj badal?

Answered as per Hanafi Fiqh by Muftisays.com
Assalam u alaikum. I wish to perform hajje badal for a deceased relative. I’ve performed my own fard hajj but dont have the money to finance this second hajj. I have therefore asked family members to help finance the trip but those that I have asked have not been to hajj themselves. They are all alhamdulillah wealthy enough to be able to finance my trip and still have enough savings to go on hajj themselves but choose not to/aren’t in a position to go themselves yet-can they still give money for my trip? will my hajj still be valid? Also although their income is from halal sources, they don’t all pay zakat, and some still receive interest (ri’ba) in their bank accounts. Would it be allowed to accept money from them in this circumstance? even if the amount i’m receiving could easily have been earned from their halal incomes and not necessarily be taken from the interest (ri’ba)? Jazakallah Khair. Wasalam

Answer
Bismillah

Al-jawab billahi at-taufeeq (the answer with Allah’s guidance)

1) It is preferable to choose someone who has already performed his/her Fardh Hajj to perform Haj-e-Badl. However, it is also permissible for a person who did not perform his/her Fardh Hajj to perform Haj-e-Badl, but it is Makruh. (Aapke Masaa’il Aur Unka Hal Vol. 4 Pg. 73)

2) They may contribute towards your Hajj expenses. Even though they did not perform their Hajj.

3) Only the Halal income should be given to your Hajj expenses. (Aapke Masa’il Aur Unka Hal Vol.4 Pg.43) The Haram income should be given to -charity (without the intention of reward).

And Only Allah Ta’ala Knows Best.

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Moulana Qamruz Zaman
London, UK

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This answer was collected from MuftiSays.com, based in London (UK). It is one of the fruits of Darul Uloom London. Many ‘ulama are involved in answering the Q&A on the site, including: Shaikul Hadeeth Mufti Umar Farooq Sahib, Mufti Saifur Rahman Sahib, Mufti Abdullah Patel Sahib, Maulana Qamruz Zaman Sahib, Mufti Abu Bakr Karolia Sahib.

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