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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is the substitute Hajj for a stranger valid?

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The Shaykh : The substitute Hajj for a stranger; is it valid?
The answer we choose is that it is not valid. It is only valid in very narrow cases. First, a son performs Hajj on behalf of his parents who are unable to perform Hajj; that is, it was not obligatory upon them. Our Lord, Mighty and Majestic, says, as you know:
And [due] to Allah from the people is a pilgrimage to the House - for whoever is able to find thereto a way وَلِلَّهِ عَلَى النَّاسِ حِجُّ الْبَيْتِ مَنِ اسْتَطَاعَ إِلَيْهِ سَبِيلًا
[Ali 'Imran 3:97]
. If the father or mother dies and they were unable to perform Hajj; that is, it was not obligatory upon them, and then the son becomes able to perform Hajj, he must, before anything else, perform Hajj for himself, and then perform Hajj for his father and mother. However, if he was able to perform Hajj but neglected it, or rather... we say: if they did not hasten to perform Hajj, and then incapacity or poverty or something similar of the circumstances that befall people overtook them, and they died without having performed Hajj, then the son does not perform the obligatory Hajj of Islam on behalf of his two parents. Because this parent—and the case is that Hajj became obligatory upon him and he did not perform it—died in a state of sin, and no one can, after his death, free him from his sin by performing his obligatory duty on his behalf.
As for the voluntary Hajj, its scope is broad. Every son can perform Hajj voluntarily on behalf of his parents. As for the obligatory Hajj of Islam, which is required of every capable adult, if the parents were able but did not perform it, there is no way for the son to perform Hajj on their behalf.
However, if it was not obligatory upon them, the matter is as Imam al-Shafi'i says: the son's ability is considered an extension of the father's ability, considering that
And that there is not for man except that [good] for which he strives وَأَنْ لَيْسَ لِلْإِنْسَانِ إِلَّا مَا سَعَى
[An-Najm 53:39]
, and that the son is part of the father's effort. The Messenger (peace be upon him) also points to this in his saying:
The sweetest earnings are the earnings of a man from the work of his hand, and your children are from your earnings. أطيب الكسب كسب الرجل من عمل يده ، وإن أولادكم مِن كسبكم
.
Likewise, Hajj can be performed on behalf of people other than the parents under the aforementioned condition; in fulfillment of a bequest from this bequeather; either in his lifetime when he became unable, or after his death if he bequeathed it. In fulfillment of this bequest, whether from a living person or a deceased one, this substitute Hajj is permissible. As for performing Hajj without any restriction or condition, as people do today, and as it has become a profession and a trade that yields money every year to those who perform the substitute Hajj, allowing them to be self-sufficient without any work or craft; every student of the history of the righteous predecessors is certain that they did not have this expansion in a man performing Hajj on behalf of another.
Thus, the substitute Hajj is permissible in a very narrow circle: a son for his father who was unable to perform Hajj, and a man performing Hajj in fulfillment of a bequest from someone who was unable to perform Hajj.
And this is sufficient, and praise be to Allah, Lord of the worlds.

The questioner : May Allah bless you, may Allah reward you with good.

The Shaykh : What do we have now? Questions?

The questioner : For my brother Abu 'Abdullah and Abu 'Ammar, questions other than the questions.

The Shaykh : The questions will come later.

The questioner : Abu 'Ammar or Abu 'Abdullah...
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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