The ruling on a proxy entering ihram on behalf of someone who is prevented from entering ihram at their miqat
Machine translationRead the Arabic original
The questioner : The second case is a person in Makkah who says to his brother in Riyadh, “I want you to perform Hajj this year on behalf of your brother in Allah, and this brother is in Makkah.” So, is it valid for this pilgrim who is in Riyadh to go directly to Makkah, and then at the time of Hajj to go out to the area of al-Hil outside Makkah and declare his intention for Hajj?
The Shaykh : No, it is not valid, because the rulings of the rites are related to the actor, who is the one performing them. So, if a person acts as a proxy for another in performing the rites, who is the one who must avoid the prohibitions of ihram? The proxy or the one for whom the proxy acts? It is strange, my brothers, that it is the proxy. Therefore, the rulings of ihram are related to the proxy. Accordingly, if a person in Makkah appoints a person in Riyadh to perform Hajj on his behalf, it is obligatory for him to enter ihram from the miqat of the people of Riyadh, and it is not permissible for him to delay entering ihram until he reaches Makkah and enters ihram from Makkah.
And the reverse is the reverse. If a person from the people of Riyadh appoints a person in Makkah, from where does the one in Makkah enter ihram? Do we say, “Go out to al-Qarn al-Manazil and enter ihram from there,” or “Enter ihram from Makkah”? He enters ihram from Makkah. The rulings of the rites are related to the actor, not to the one for whom the proxy acts. Yes.
The Shaykh : No, it is not valid, because the rulings of the rites are related to the actor, who is the one performing them. So, if a person acts as a proxy for another in performing the rites, who is the one who must avoid the prohibitions of ihram? The proxy or the one for whom the proxy acts? It is strange, my brothers, that it is the proxy. Therefore, the rulings of ihram are related to the proxy. Accordingly, if a person in Makkah appoints a person in Riyadh to perform Hajj on his behalf, it is obligatory for him to enter ihram from the miqat of the people of Riyadh, and it is not permissible for him to delay entering ihram until he reaches Makkah and enters ihram from Makkah.
And the reverse is the reverse. If a person from the people of Riyadh appoints a person in Makkah, from where does the one in Makkah enter ihram? Do we say, “Go out to al-Qarn al-Manazil and enter ihram from there,” or “Enter ihram from Makkah”? He enters ihram from Makkah. The rulings of the rites are related to the actor, not to the one for whom the proxy acts. Yes.
Source
لقاء بمسجد إسكان الطلاب بجامعة الإمام - 28-11-1418 هـ - 2 — archive.org (7:37)
The Arabic text is a machine transcription of the audio recording.
