By Shaykh Yūsuf Badāt
It is the consensus of Islamic jurists that one can delegate another person to render a farḍ (mandatory) Ḥajj on one’s behalf in a situation where one is unable to proceed for pilgrimage themselves due to a disability or is deceased and has left instructions to heirs to fulfill the obligation. (See: Mawsū’ah al Fiqhiyyah)
Conditions and Stipulations for Validity
- A salary or renumeration cannot be taken in exchange of performing Ḥajj Al-Badal. Expenses of the complete Ḥajj trip is fine, but a salary or fee, on top of the expenses cannot be taken by the one who is delegated. (See: Dur Al-Mukhtār, Manāsik, Al-Baḥr Al-ʿAmīq)
- The one for whom Ḥajj is performed must finance the Ḥajj related expenses. (See: Ghunyat Al-Nāsik, Dur Al-Mukhtār, Manāsik)
- The one delegated should use common modes of transportation, that is customary to proceed to pilgrimage. (See: Badāʿi Al-Ṣanāʿi, Dur Al-Mukhtār, Manāsik, Al-Baḥr Al-ʿAmīq)
- The appointed individual for Ḥajj Al-Badal should travel for pilgrimage from the city or town of the one who is delegating the obligation. (See: Ghunyat Al-Nāsik, Al-Baḥr Al-ʿAmīq)
- When dawning the iḥrām for Ḥajj and making the intention, the one appointed (deputed) should take the name of the one who sent him [or her], stating that he or she is performing Ḥajj on his or her behalf. (See: Ghunyat Al-Nāsik, Dur Al-Mukhtār)
- The iḥram and intention for the Ḥajj Al-Badal should be made at the miqāt or before it. The one delegated should not perform his or her own ʿUmrah prior to the Ḥajj unless there is permission and approval of this from the one who has delegated. (See: Ghunyat Al-Nāsik, Manāsik)
Abū Razīn Al-‘Aqīlī [Laqīṭ ibn Āmir] (may Glod be pleased with him) reports, he came to the Prophet (peace and blessings upon him) and asked, “O Messenger of Allāh, my father is very old, unable to perform Ḥajj or ‘Umrah nor able to travel.” The Prophet (peace and blessings upon him) said, “Perform Ḥajj and ‘Umrah on behalf of your father!” (Tirmidhī)
A woman came to the Prophet (peace and blessings upon him) and asked, “My mother is deceased and was unable to perform Ḥajj, can I perform Ḥajj on her behalf? The Prophet (peace and blessings upon him) said, “Yes, do perform Ḥajj on her behalf!” (Tirmidhī)
#ProductivePilgrimage
