What is the ruling on one party stipulating in a commercial contract that the other party perform 'Umrah on his behalf?
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Question:
He says that a commercial contract was made between him and a person in another country, and the other party stipulated that he would perform 'Umrah on his behalf. This is not part of the sale; this is not among the conditions of the sale.
Answer:
It has no connection to the sale. If he wants to perform 'Umrah on his behalf, that is also strong. If the person is strong and able to perform 'Umrah, no one acts on his behalf; he comes and performs it himself. One only acts on behalf of a person who is unable and does not expect to be able in the future; that person may have 'Umrah performed on his behalf. As for the strong person, he comes and performs it, and no one acts on his behalf. Also, this is not among the conditions of the sale. He should perform it on his behalf as a gift from him, if the person is unable to perform 'Umrah, neither currently nor in the future, and he wants someone to perform it on his behalf as a gift and an act of kindness; there is no harm in that. But if this is a condition of the sale and binding, no.
He says that a commercial contract was made between him and a person in another country, and the other party stipulated that he would perform 'Umrah on his behalf. This is not part of the sale; this is not among the conditions of the sale.
Answer:
It has no connection to the sale. If he wants to perform 'Umrah on his behalf, that is also strong. If the person is strong and able to perform 'Umrah, no one acts on his behalf; he comes and performs it himself. One only acts on behalf of a person who is unable and does not expect to be able in the future; that person may have 'Umrah performed on his behalf. As for the strong person, he comes and performs it, and no one acts on his behalf. Also, this is not among the conditions of the sale. He should perform it on his behalf as a gift from him, if the person is unable to perform 'Umrah, neither currently nor in the future, and he wants someone to perform it on his behalf as a gift and an act of kindness; there is no harm in that. But if this is a condition of the sale and binding, no.
Source
قناة «العلامة الدكتور صالح الفوزان»، ما صحة أن يشترط أحد الأطراف أن يعتمر للآخر بالعقد التجاري؟ للشيخ الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
