Performing Hajj or building a house

Fatwa no. 18802 I am a modest employee in a governmental company. I have two boys and a girl. We live in a small house consisting of one bedroom and a reception. After struggling for five years, I managed to buy a piece of land on which to build a larger house for my children and me, but have been told by some people that I cannot do this unless I perform the obligatory Hajj first. Should I stay with my children in this small house? Or should I sell the land so as to be able to perform Hajj? Or should I build a larger house on the land for my (Part No. 10; Page No. 27) children and me? I know that the process of building a house is not easy; it will take at least ten more years of struggling for me to manage to build the house, but I know that I must separate my children while they are sleeping and I currently have only one room for us all to sleep in. What can I do? What is the most preferable and obligatory course of action?

A: The Faridah (obligatory act) of Hajj is only obligatory upon the one who has the financial and physical ability; if someone has the physical but not the financial ability to perform Hajj, it is not obligatory upon him, because Allah (Exalted be He) says: And Hajj (pilgrimage to Makkah) to the House (Ka‘bah) is a duty that mankind owes to Allâh, for those who are able to undertake the journey. Hajj is, therefore, obligatory upon the one who possesses money, on condition that this is excess money that is not used for buying his food, his children's food, or his primary needs. Such primary needs include providing a sufficient residence for himself and his children. Therefore, Hajj is not considered obligatory upon you, and you do not have to sell the land that you bought to build a house for you and your children on. Whenever Allah grants you an extra amount of money that you do not need for your food, your children's food, or the needs of the ones of whom you are responsible for providing financial support, Hajj becomes obligatory upon you.On the other hand, if a person has the financial ability to perform Hajj or `Umrah (lesser pilgrimage), but is physically not able to perform them because of old age or an illness that he is unlikely to recover from, he must delegate someone to perform Hajj or `Umrah on his behalf from his own money. If he dies before the obligatory Hajj has been performed, a sufficient sum of money must be taken (Part No. 10; Page No. 28) from his legacy and given to someone to perform Hajj and `Umrah on his behalf, because the Prophet (peace be upon him) called this a debt. When a woman asked him about performing Hajj on behalf of her father, he said: So pay Allah's debt, as He is the one who deserves to have His debt paid. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.