Is the fact that the boss refuses to give the employee time off for Hajj regarded as an excuse that allows him to delay Hajj?

The correct
scholarly view is that Hajj is obligatory straightaway for the one who is
able to do it, and it is not permissible for him to delay fulfilling this
important pillar of Islam. We have explained this in the answer to question
no. 41702.

A Muslim may be
able to afford the expenses of travel, and the route may be safe, but he is
prevented by other impediments from going for Hajj. In such cases he is
undoubtedly excused, such as if he has a wife who is sick or a father who is
dying, or if the state restricts the numbers of people who can do Hajj, and
he cannot go because his name is not drawn in the lottery, or because he is
not of the specified age group, and other legitimate reasons that allow
delaying Hajj in the case of one who can afford the travel expenses and for
whom the route is safe.

Based on that,
those who have these excuses come under the heading of those who are not
able to perform Hajj.

What appears to
us to be the case is that the fact that an employee, in either the public or
private sector, is not given time off to go for Hajj does count as an excuse
for that employee, and he does not have to leave his job – if it is
permissible. But he should ask permission every year to go for Hajj, and try
his hardest to perform Hajj, even if that means taking unpaid leave, if that
will not affect his spending on his family.

The scholars of
the Standing Committee were asked:

I want to do
‘umrah in Ramadan and connect it to Hajj tamattu‘ [by exiting ihram after
‘umrah and entering ihram again for Hajj]. What do I have to do until the
time for Hajj comes? I am working and I cannot be absent from work except
during leave for Hajj and leave for ‘umrah in Ramadan. Is it permissible to
travel from one area to another?

They replied:

Firstly: ‘umrah
during Ramadan was encouraged by the Prophet (blessings and peace of Allah
be upon him), but it is not an ‘umrah that can be connected to Hajj tamattu‘;
rather that which may be connected to Hajj tamattu‘ is ‘umrah that is
performed during the months of Hajj, which are Shawwaal, Dhu’l-Qa‘dah and
the first ten days of Dhu’l-Hijjah, then one should do Hajj in the same
year.

Secondly: if the
situation is as described, that you cannot leave work for Hajj or ‘umrah,
then it is not permissible for you to leave work except with the permission
of your boss.

Shaykh ‘Abd al-‘Azeez
ibn Baaz, Shaykh ‘Abd ar-Razzaaq ‘Afeefi, Shaykh ‘Abdullah ibn Ghadyaan,
Shaykh ‘Abdullah ibn Qa‘ood

Fataawa
al-Lajnah ad-Daa’imah
(11/163, 164)

Shaykh Muhammad
ibn Saalih al-‘Uthaymeen (may Allah have mercy on him) said:

If a man cannot
do Hajj because of his work, then there is no blame on him, because he is
not able to do it. But I often hear that brothers in the army or others go
to Makkah as part of their job, then when the time for Hajj comes, they are
given permission to do Hajj. So if they give you permission, then do Hajj
and there is nothing wrong with that, but if they do not give you
permission, then you are not able to do it, and you do not have to do Hajj.

Liqa’ al-Baab
al-Maftooh
(92/question no. 8)

Shaykh Ibn
‘Uthaymeen (may Allah have mercy on him) was asked:

I have only come
to this land for the sake of doing Hajj, but I am afraid that the person for
whom I am working will not give me permission to do this obligatory duty. I
am now in Saudi and not far away from the places of the Hajj rituals. I hope
that Allah will guide my sponsor and that he will agree to me doing Hajj,
but if he does not agree to that, will I have fulfilled the obligation by
virtue of my intention, or not? Because the Prophet (blessings and peace of
Allah be upon him) said: “Actions are but by intentions, and each man will
have but that which he intended.” Does this come under the heading of doing
what one is able to do? I hope that you can clarify and urge sponsors to
allow those who are with them to perform the pilgrimage to the Sacred House
of Allah.

He (may Allah
have mercy on him) replied:

We wish that
Allah, may He be glorified and exalted, will guide all sponsors and that
they will allow their brothers who are working for them to perform the
obligatory Hajj, because this comes under the heading of cooperating in
righteousness and piety, which Allah has enjoined, as He, may He be exalted,
says (interpretation of the meaning):

“Help
you one another in AlBirr and AtTaqwa (virtue, righteousness and piety); but
do not help one another in sin and transgression. And fear Allah. Verily,
Allah is Severe in punishment”

[al-Maa’idah
5:2].

Moreover, this
may be a means of attaining barakah in their work and provision, because
during these ten days if work ceases, Allah may send down barakah upon the
rest of their work, which may result in a great deal of goodness, and if
this happens, that is what one wants. This is what we hope for from our
sponsor brothers.

But if that is
not possible, then this worker is not regarded as being able to do Hajj, so
the obligation is waived in his case, because Allah, may He be exalted, says
(interpretation of the meaning): “for
anyone who is able to undertake it”
[Aal ‘Imraan 3:97],
but in this case he is not able to undertake it.

With regard to
the questioner asking whether he will be like the one who did Hajj, the
answer is no; but Hajj is waived in his case until he is able to do it, and
if he dies before he is able to do Hajj, then he will not have died in a
state of disobedience towards Allah, because Hajj is not obligatory unless
one is able to do it. End quote.

Majmoo‘ Fataawa
ash-Shaykh Ibn ‘Uthaymeen
(21/62).

And Allah knows
best.