Q 1: I am the mother of a twenty-year old youth who worked in the military, and after graduation, he moved to work in Jizan. We rejoiced at that because he was close to us. After a year of work, while he was on his way to work, he died in an accident. I intended to perform Hajj on his behalf; was Hajj obligatory on him or not? His death affected me so much that I could not forget that day. I hope Allah will accept him as a martyr; would he be considered a martyr as he died on his way to work? We found out that he offered the Fajr (dawn) Prayer on that day and we heard of a Hadith that reads: Anyone who offers the Fajr Prayer will come under the Protection of Allah. He never told a lie to anybody. He was grateful to his parents and never disobeyed them to the extend that his father once hit him one day for trivial disputes but he did not react badly or show disgust.

A: If your son died before performing the obligatory Hajj and he left money, it is obligatory to perform Hajj on his behalf, paying for the expenses from his estate, because Hajj is obligatory upon the free, sane, financially and physically able, and pubescent Muslim. Puberty is reached (Part No. 10; Page No. 68) when one of its signs occurs or when the boy reaches fifteen years of age. This is supported by what was related by Al-Bukhari in his Sahih (Book of Authentic Hadith) on the authority of Ibn `Abbas: A woman came to the Prophet (peace be upon him) and said: "My mother vowed to perform Hajj but she died before performing it. Should I perform it on her behalf?" He said: "Yes! Perform Hajj on her behalf. Do you not think that if your mother owed a debt that you would pay it off for her? Fulfill her debt to Allah, for Allah is more deserving that what is owed to Him should be paid.” This indicates that if anyone dies without performing Hajj, it is obligatory upon one of their children or relatives to perform Hajj on their behalf paying for the expenses from their estate. A non-relative may be given enough money from the deceased's estate to perform the Hajj on his behalf.However, if your son died and left no money, Hajj would not be obligatory upon him due to his being financially unable to perform it, and yet, it is Mustahab (desirable) for a relative to perform Hajj on his behalf and may Allah reward him with the best In sha’a-Allah (if Allah wills). You ought to make Du`a' (supplication), ask for Allah's Mercy and Forgiveness for him. You should also give in Sadaqah (voluntary charity) on his behalf as much as possible, if you are able to do so. We advise you to be patient and confident in Allah's Recompense. You should not be overcome with grief. Render thanks to Allah for His Divine Decree; may the death of your son in a car accident forgive his misdeeds. The calamities and good deeds purge a person of sins and misdeeds. The greatest reward comes with the greatest trial, when Allah (Glorified be He) loves people, He tests them. If your son, as you said, offered the Fajr Prayer, which is a good deed, on the day of his death, and was grateful to you and his father, Allah (Exalted be He) will hopefully give him a great reward. It was authentically related by (Part No. 10; Page No. 69)  Muslim in his Sahih (Book of Authentic Hadith) on the authority of Anas ibn Sirin that he said: I heard Jundub Al-Qasry saying that the Messenger of Allah (peace be upon him) said: Anyone who offers the Fajr Prayer will come under the Protection of Allah, so do not fall short with regard to the rights of Allah, for anyone who does that, Allah will seize him and will throw him on his face into Hellfire. In a narration related by Imam Ahmad in his Musnad (Hadith compilation): Anyone who offers the Fajr Prayer will come under the Protection of Allah, so do not fall short with regard to the Rights of Allah. Imam Al-Tirmidhy and Ibn Majah have other narrations with the same meaning. The Hadith here refers to performing the Fajr Prayer in congregation as supported by many other authentic Hadiths. May Allah (Glorified by He) forgive your son and purge him of his sins! Finally, if you perform the Hajj on his behalf, you will be rewarded greatly provided that you have already performed your Hajj first. However, a mere intention to perform Hajj on his behalf does not oblige you to perform it.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.