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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is it permissible to give money to a person to perform Hajj on your behalf while you are able to do so?

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Question : Is it permissible to give money to a person to perform Hajj on my behalf while I am able to do so?

Answer : As for when Hajj is an obligatory duty, it is not permissible for you to give money to someone to perform Hajj on your behalf while you are able to do so, because the obligatory duty is something the person is required to perform himself. As for when it is a voluntary act, the scholars have differed on this. Some said that there is no delegation in voluntary acts because delegation was only established for the obligatory duty, and the obligatory duty is something that binds the person. If it becomes difficult for him to perform it, then he should appoint someone to perform it on his behalf. As for the voluntary act, there is no necessity for you to appoint someone to perform Hajj or 'Umrah on your behalf. Accordingly, it is not permissible for you to appoint someone to perform Hajj or 'Umrah on your behalf as a voluntary act while you are able to do so. This is the correct opinion, because the Shari'ah has a wisdom and a goal in the person worshipping Allah the Exalted and Majestic with his own effort. Just as it is not permissible for you to tell a person, "Pray on my behalf voluntarily for a sum of money" or "Fast on my behalf voluntarily for a sum of money," so it is not permissible for you to say, "Perform Hajj on my behalf voluntarily for a sum of money" while you are able to perform Hajj. However, if you are unable to perform Hajj and you cannot perform it, neither currently nor in the future, this is also a matter of consideration: is it permissible for you to appoint someone to perform Hajj and 'Umrah on your behalf, or is it not permissible? This is because someone might say that it is not permissible because delegation was only established for the obligatory Hajj, not the voluntary Hajj, and there is no necessity for you to appoint someone to perform a voluntary Hajj on your behalf. And someone might say that if delegation was permissible for the obligatory Hajj, which is more stringent for the one who is unable, then its permissibility for the voluntary Hajj, which is lighter, is even more so. What I see is that, out of caution, one should not appoint someone to perform the voluntary Hajj on his behalf, even if he is unable. If he wishes to have the reward of Hajj, let him assist in it. That is, let him give money to a person to perform Hajj with it for himself. For whoever assists a warrior, whoever equips a warrior, has gone on a jihad. Similarly, whoever equips a pilgrim has performed Hajj, because Hajj is a type of jihad in the path of Allah the Exalted and Majestic.
Source جلسات الحج 1409هـ - 2 — binothaimeen.net (49:00)

The Arabic text is a machine transcription of the audio recording.

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