Mufti sahab, would it be fardh or wajib for someone to go for Hajj if they have significant assets that are not in the form of cash, but in the form of stocks that are currently at a loss. For example, Hajj costs $20K and they have assets worth $20K that are in the form of stocks which are currently in a loss position. They bought the stocks at $22K and are now valued at $20K, would it be necessary for them to sell their stocks at a $2K loss and use the funds to go for hajj?
Bismillahi Ta’ala
Walaikum Assalam Warahmatullah
At the outset, Hajj becomes fard upon an individual when one has sufficient wealth (cash, jewelry or even stocks or house), such that it can be sold for the purpose of hajj, then Hajj becomes fardh upon a person. What this means is that for fardhiyat of Hajj, all wealth is considered, even the one which is not in liquid assets. As long as one has enough wealth that can cover all the expenses, then the hajj will be wajib upon the person.
It should also be kept in mind that just as this much wealth is a condition for Hajj, expenses and overheads for one’s family and children need to be set aside for the duration of one’s travel. So if the person does have sufficient wealth, but the anticipated expenses for his duties towards family reduces his wealth below that which would be required for the Hajj, then fardhiyat of hajj will not fall.
Keeping the above in mind, if Hajj costs $20K,
- and the person has assets currently worth $20K in stocks (regardless of whether they are in loss compared to their purchase price),
- and has sufficient expenses set aside for his family and children liabilities during his travel for hajj
- as well as covering other overheads
Then, Hajj will be fardh upon him, even if it means that he may have to sell these stocks for $20K.
The above is understood from the fiqhi texts. However, that being said, I feel that the financial requirement for the fardiyat is not only the travel package or tickets alone. This needs to be properly assessed according to Economic and Financial times in our era. A hiatus from work, and depleting all of one’s savings to fulfil the hajj could have ramification for considerable months even after returning from Hajj. Whether, one will get more work, or would he be able to cover the regular overheads of the family post-hajj or not, will affect the general outlook on one’s worship in other realms of his religious life.
Thus, I personally feel that a good assessment ought to be made when making such a decision. Such level of depletion in one’s finances may work out for a local who is near arabian peninsula, but may not be possible for someone who lives month to month, but happens to technically cover the financial condition for the fardhiyat of hajj.
Our books do mention discretionary assessments in finalizing taking upon the hajj journey, such as a mahram’s requirement, and his expenses if he has to be taken along. Or someone having dependents who cannot be placed in someone’s care while going for Hajj. So, I feel a good financial foundation such that one is confident (Ghalaba Dhann) that him or his dependents will not suffer an irrecoverable financial setback, is within the scope of financial condition for the fardhiyat of hajj. Every household will have to make this sincere discretion and then establish the financial threshold where Hajj will become fardh on them.
Wallahu A’lam
And Allah Ta’āla Knows Best
Mufti Faisal al-Mahmudi