Abstract:
Among the rights of the wife on her husband is the right to demand dowry and alimony. Alimony is one of the husband's debts, and dowry is a religious financial debt right in most cases. Sometimes, in addition to alimony and dowry, the husband has other debts that must be paid to creditors. Apart from the doubts that exist regarding the priority of alimony and dowry over other debts, it should be consider what fate do they create for the husband's financial ability for Ḥajj, because the most important condition for Ḥajj is financial ability, and one of the issues that can challenge the realization of this condition is the husband's indebtments to his wife due to dowry and alimony. Regarding the hindrance of debt from financial ability, there are several hypotheses, which are: the hindrance of debt, choice and non-hindrance, and if debt is a hindrance, either it should be said that the obligee must fulfill his debt and Ḥajj is not obligatory on him, or that in this conflict should be preceded by the one that caused it earlier. The method adopted in this research is the descriptive-analytical method, the result of which is that although the famous Imamiyyah jurists consider debt as an obstacle to the realization of one's ability, the correct theory is that one is free to choose one's debt and visit Ḥajj.
Machine summary:
Aside from the doubts that exist regarding the precedence of dowry and maintenance over other debts, the main question in this article is: if the husband possesses the necessary budget to perform Hajj, and his assets are only sufficient for performing Hajj and he has no other capital, and in the event that he is indebted—in such a way that if he wants to pay all or part of the capital as a debt to the wife, he can no longer go to Hajj—does his debt prevent the realization of 'istita'ah' (financial capability)?
1. The prevention of debt from attaining 'istita'ah' It is said that if the debt is due immediately and the wife also demands her claim, the husband cannot use the current capital, which is only sufficient for paying the debt or the cost of Hajj, for Hajj, and everyone has accepted this ruling (Bahrani, 1405 AH, Vol. 14, p.
Bahrani considers debt an obstacle only if the debt is due immediately and its creditor also demands their claim; because in their view, the mere existence of debt is not sufficient to prevent the obligation of Hajj (1405 AH, Vol. 14, p.
The tradition of Abu al-Sabah al-Kinani In this tradition, Imam al-Sadiq (peace be upon him) has said: "Debt, like trade, is not a valid excuse for abandoning or delaying the obligation of Hajj" (Kulayni, 1429 AH, Vol. 8, p.
43), but at the end, he considers the due debt as an obstacle to the obligation of Hajj (1415, Vol. 11, p.
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