Performing hajj on behalf of an ill...

Egypt's Dar Al-Ifta

Performing hajj on behalf of an ill person

Question

e year 2012 which includes the following:
Is it permissible to perform hajj on behalf of an ill person who is incapable of performing it himself?

Answer

 

It is permissible for a Muslim who is incapable of performing hajj himself to hire someone to perform it on his behalf. According to the opinion of the majority of scholars, it is permissible for a person who has the means and has performed his own obligatory hajj, to perform hajj on behalf of his deceased relatives or relatives who cannot make it themselves, referred to by scholars as ma'dub. Alternatively, he may commission another person to perform hajj on their behalf, whether for a fee or as a cost free voluntary service. This permissibility is based on the narration of Ibn 'Abbas (may Allah be pleased with them both) who said, "On the year of the farewell pilgrimage, a woman from the tribe of Khath'am approached the Prophet with a question and said, "O Messenger of Allah! My father is an old man. He cannot sit firmly on his mount and so cannot perform his obligatory hajj. May I perform it on his behalf?" The Prophet replied, "Yes, you may" [Recorded by Bukhari and Muslim].
The inability to perform hajj is either due to death, being prevented from performing hajj, chronic conditions such as weakness due to an illness, hemiplegia, blindness, limping, infirmity due to old age, insecure routes, and the absence of a mahram for a woman. All of these are classified under the inability to perform hajj if the conditions continue until death.
According to the opinion of the majority of jurists, a person incapable of performing the duty of hajj as mentioned earlier, is obliged to commission someone to perform it on his behalf. This is conditioned by having enough money to give to the commissioned person for the journey, provided the sum exceeds his debts and the expenses of his dependants. Otherwise, he may search for a volunteer to perform hajj cost-free on his behalf if possible. In this case, it is not a condition for the ma'dub to have money but the commissioned person should have previously performed his own obligatory hajj.
The ruling
It is permissible to perform hajj on behalf of an ill person who is incapable of reaching the holy sites and performing the hajj rites. But if he is able to do this without accruing any harm, the duty of hajj is not fulfilled except if he performs it himself.
Allah the Almighty knows best.       
 
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