The ruling for hiring a person to make hajj on one's behalf
Our company offers mediation, hotel, travel, and marketing services. The question is:
With the aim of assisting those residing in Arab countries who wish to have hajj performed on behalf of a relative or those who are ill, our company acts as mediators between them and those who will make hajj on their behalf (and who reside in Saudi Arabia).
In our opinion, hajj expenses are extremely exorbitant and can cost up to 30, 000; 40, 000; or 50, 000 LE. Since we are present in Saudi Arabia and can offer this service, we wish to act as mediators between those who wish to have hajj performed on behalf of members of their families and individuals residing in Saudi Arabia who wish to offer their services. This may be accomplished by drawing up a binding contract stipulating that the person offering his services perform hajj on behalf of the designated person. The service will cost less than 6, 000 LE. Our company commissions the agent to make hajj and, since he will go for hajj from inside the country, facilitate the rites for him by providing him with transportation and living expenses for the whole period. In this manner, our company offers mediation services through internal hajj travel. We would like to know the legal ruling for this.
It is permissible for a Muslim who is unable to perform hajj himself to hire someone to perform it on his behalf. Similarly, it is permissible for a Muslim who has the means, to perform hajj on behalf of his deceased relatives or those who are unable to perform it themselves (referred to in fiqh as 'ma'dub') or have someone to perform it on their behalf, either for a fee or voluntarily. This is the opinion of the majority of scholars. 'Abdullah Ibn Abbas (may God be pleased with them both) said, "Al-Fadl Ibn Abbas was riding behind the Messenger of God when a woman from Khath'am approached the Prophet and asked, 'O Messenger of God! My father is an old man and is unable to ride to hajj; therefore, he cannot fulfill this obligation. Is it permissible for me to perform hajj on his behalf?' The Prophet replied, 'Yes' [Bukhari and Muslim]. This is permissible whether the agent resides in the commissioner's country (and will therefore start his journey from there especially for this purpose) or resides where the rites are performed (this will decrease hajj expenses).
The mediation service your company offers through internal hajj travel in Saudi Arabia is permissible. There is no objection to taking fees in exchange for this service provided they are determined and known and do not involve ambiguity.