The ruling on performing Hajj on behalf of another for a fee

The questioner : What is the ruling in Islam regarding one who wishes to perform Hajj on behalf of another with the intention of taking a fee?

The Shaykh : I am not satisfied with the phrasing of the question, in reality. "What is the ruling in Islam?" Because this is not directed to anyone except an infallible person. One who speaks in the name of Islam and does not err. As for a human being, the word must be qualified, and it should be said, "What is the ruling in Islam in your view?" or "What do you see regarding such and such?" As for directing "What is the ruling in Islam" or "This is the statement of Islam" or the like to a person who errs and hits the mark, if he errs, the error will be attributed to what? To Islam. This is a difficult matter. In any case, one who takes money from a person to perform Hajj with it and to seek help with the Hajj, and intends thereby to fulfill the need of his brother and benefit him, is rewarded. Because he sought help with money for obedience to Allah and for benefiting his brothers, and nothing is diminished from his reward. And one who performs Hajj in order to take money, then he has sought the worldly life with his deed. And the Shaykh al-Islam (may Allah have mercy on him) said, "Whoever performs Hajj to take [money], he has no share in the Hereafter," meaning he has no portion in the Hereafter. For this reason, the brothers who take Hajj assignments from people should intend thereby to benefit their brothers who asked them to perform Hajj on their behalf, or on behalf of the deceased, or the like.
But we must ask another question before this one: If you give a person money to perform Hajj on your behalf, and you are able to perform Hajj yourself, is this valid or not? If it is an obligatory duty (fard), there is no doubt that it is not valid, and that it is obligatory for you to perform the obligation yourself. And if it is a voluntary act (nafilah), there is a difference of opinion among the scholars regarding this, even among Imam Ahmad himself. Imam Ahmad holds that it is not permissible to delegate on behalf of a person who is able, even in a voluntary act. And it is said to this able person, "Perform Hajj yourself. Hajj is worship, and worship is tied to the person himself. And if you do not perform Hajj, then help a pilgrim. Give a needy pilgrim [money] to perform Hajj." And the Prophet (peace and blessings be upon him) said: And this one who helped the pilgrim is like the one who performed Hajj, because he helped in righteousness. And your helping this needy pilgrim is better than giving him [money] to perform Hajj on your behalf, if you are able. As for if a person is unable and wants to give a person [money] to perform a voluntary Hajj on his behalf, this is also a matter of disagreement among the scholars. Because even if it is permissible in the obligatory duty, as indicated by the Sunnah, the obligatory duty is a binding necessity for the person if he is unable and delegates. But the voluntary act is not a necessity. For this reason, some scholars said that delegation is not permissible in a voluntary act absolutely, and it is permissible in the obligatory duty for one who is unable to perform it due to an inability that is not expected to end.